Coming up for delivery of Judgment: on 8th October 2021.
Reference filed: on 19th September 2018.
Articles: 6(d), 7(2), 27, 29(1), 30(1) & (2), 38, 67(3) (d) and 71(1)d of the Treaty for the Establishment of the East African Community (EAC).
Rules: 24(1), (2) and (3) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Legality of a Bar Association.
The Applicant, Kiir Chol Deng Acuil is a citizen of the Republic of South Sudan and a practicing advocate. The 1st Respondent is a Minister of Justice of the Republic of South Sudan while the 2nd Respondent is the Secretary General of East African Community.
The Applicant argues that, the 1st Respondent arbitrarily established a parallel Bar association and failed to recognize a bar association established by the will of all advocates in the Republic of South Sudan through Compromise Agreement.
The Applicant avers that, the act of the 1st Respondent of establishing the parallel Bar Association with its Bar Council was intended to undermine the independence of the Bar association, and to deny the Applicant the right to participate in the election of the Bar (contesting as the Vice President). This is contrary to the provisions of Article 9 and 26 of the Transitional Constitution of South Sudan of 2011, and Articles 6(d) and 7(2) of the EAC Treaty. Further insist that, it’s the obligation of the 2nd Respondent on a regular basis to verify Partner States obligations under the Treaty. He therefore prays the actions of the 1st Respondent be pronounced illegal and costs of this reference be provided in his favour.
On the other hand, the 1st Respondent insist that, it has nothing to do with the establishment of the parallel Bar association with its Bar Council as the said association was established by the law under section 43 of the Advocates Act, 2013. 1st Respondent thus prays for dismissal of the Reference with costs.
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