This Amended Reference was brought under Articles 5, 6(d), 7(2), 8(1)(c) and (4), 23(1) and (3), 27(1) and 30 of the Treaty for the Establishment of the East African Community (‘the Treaty’), and Rules 1, 24 and 48(a) of the East African Court of Justice Rules of Procedure, 2013. It sought to challenge the legality of various actions of the Respondent State in so far as they purportedly breach Articles 6(d) and 7(2) of the Treaty, and Articles 7(1)(d) and 26 of the African Charter on Human and Peoples Rights.
The Reference was supported by two (2) affidavits, both of which were deposed by Mr. Hassan Basajjabalaba (‘the First Applicant’) for and on behalf of himself and his brother, Mr. Muzamir Basajjabalaba (‘the Second Applicant’). They are dated 1st June 2018 and 1st July 2019 respectively. The Applicants are citizens of the Republic of Uganda, resident in Munyonyo, Kampala – Uganda. They seek to enforce their rights against the impugned actions of the Respondent State.
On the other hand, the Respondent is a self-defining office that was sued in a representative capacity as Principal Legal Advisor to the Government of the Republic of Uganda. The Respondent State opposed the Amended Reference and filed a Response to the Reference that denies any breach of the Treaty in the terms proposed by the Applicant and questions the justiciability of the matter before this Court. The Respondent’s Response to the Reference was supported by the affidavits of Mr. Jimmy Oburu Odoi dated 17th July 2018 and Ms. Emelda Adong dated 22nd October 2019.
At the hearing the Applicants were represented by Messrs. Caleb Alaka and Joseph Kyazze, while Ms. Patricia Mutesi, Ms. Goretti Arinaitwe and Ms. Charity Nabaasa appeared for the Respondent.