Case Number REFERENCE NO. 9
Summary

This Reference was brought under Articles 6(d), 7(1)(b), 7(2), 27(1), 29(1), 30(1)(2), and 71(d) of the Treaty for the Establishment of the East African Community (“the Treaty”), Rules 24(1)(2) and (3) of the East African Court of Justice Rules of Procedure, 2013 (“the Rules”), The Vienna Convention on the Law of Treaties, 1969 (“the Vienna Convention”), and the inherent powers of the Court. The Reference sought to challenge the action of the President of the Republic of South Sudan in removing the Applicant herein from the position of Justice of the Court of Appeal of South Sudan, vide ‘The Republican Decree No.100/2017 for the Removal of some Justices and Judges in the Judiciary of the
Republic of South Sudan’ dated 12th July 2017 for being in contravention of the Constitution of the Republic of South Sudan and the Treaty, specifically Articles 6(d) and 7(2).
Hon. Justice Malek Mathiang Malek (“the Applicant”) is a citizen and resident of the Republic of South Sudan (a Partner State of the East African Community) who formerly served as a Justice in the Court of Appeal of South Sudan. He, together with a number of other Judges, formed “The Committee of Justices and Judges” that steered a strike demanding, inter alia, the resignation of the Chief Justice of South Sudan. Following the strike, on 12th July, 2017, the President of the said Partner State issued a Republican Decree for the removal of some Justices and Judges of the Judiciary of South Sudan, including the Applicant.
The First Respondent is the Attorney-General of the Republic of South Sudan, whose office has been sued in its capacity of Principal Legal Advisor of the Republic of South Sudan.
The Second Respondent is the Secretary General of the East African Community, whose office has been sued in its capacity as the Principal Executive Officer of the Community, head of the East African Community Secretariat and Secretary to the Heads of State Summit of the Community.

RespondentTHE MINISTER OF JUSTICE OF THE REPUBLIC OF SOUTH SUDAN (ATTORNEY GENERAL OF THE REPUBLIC OF SOUTH SUDAN), THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY
ComplainantHON. JUSTICE MALEK MATHIANG MALEK
Date filed
CountriesEast African Community , South Sudan
Keyword
Treaty Article

First Instance Judgment

VerdictIn the result, we hereby allow the Reference as against the First Respondent with the following orders: i. A DECLARATION be and is hereby issued, that the act of the President of the Republic of South Sudan of removing the Applicant from the position of Justice of the Court of Appeal vide "Republican Decree No.100/2017 for the Removal of some Justices and Judges in the Judiciary of the Republic of South Sudan, 2017 AD" dated 12th July 2017 is in violation of the Constitution of the Republic of South Sudan and a violation of Articles 6(d) and 7(2) of the Treaty for the Establishment of the East African Community. ii. We award costs to the Applicant as against the First Respondent. iii. We do also award costs to the Second Respondent as against the Applicant. It is so ordered.
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Date deliveredJuly 24, 2020
Quorum

Appeal Judgment

Verdict
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Date delivered
Quorum