THE SECRETARY GENERAL OF THE EAST AFRICAN COMMUNITY v. RT. HON. MARGARET ZZIWA

The Applicant herein is self-defining and instituted the present proceedings in a representative capacity as provided in Article 4 of the Treaty for the Establishment of the East African Community (hereinafter referred to as ‘the Treaty’). On the other hand, the Respondent is the former Speaker of the East African Legislative Assembly (EALA), a Member of Parliament (MP) in the said Assembly, and the Applicant in Margaret Zziwa Vs The Secretary General of the East African Community Reference No. 17 of 2014.
By way of background, Reference No. 17 of 2014 was instituted by Ms. Zziwa in 2014 challenging the legality of her then intended removal from the office of Speaker of EALA. Following Ms. Zziwa’s subsequent removal from the said office in December 2014, the Reference has since been amended to question the validity of her removal from that office. It had been scheduled for hearing of oral evidence by the Applicant therein on 8th and 9th September 2015.
However, on 8th September 2015, the Respondent therein raised a preliminary point of law premised on Section 20 of the East African Legislative Assembly (Powers and Privileges) Act, 2003; the gist of which was that the Applicant and her witness were members and/or officers of EALA but had not secured special leave from the Assembly to adduce evidence before this Court, as prescribed by section 20 of the EALA (Powers and Privileges) Act. Given that this Preliminary Objection was raised orally without due notice to opposite party as prescribed by Rule 41(2) of the Eats African Court of Justice Rules of Procedure (hereinafter referred to as ‘the Rules’), this Court did order the Applicant herein to file a formal Notice of Preliminary Objection in this matter. The said Objection was duly heard on 9th September 2015 and a Ruling in respect thereof was delivered on 6th November 2015. The gist of the Ruling was that whereas section 20 of the EALA (Powers and Privileges) Act did prohibit sitting members of the House such as the present Respondent from adducing evidence on the Assembly’s Minutes and Proceedings, given that she intended to adduce oral evidence this Court was unable predetermine the nature of evidence she intended to present, and could not therefore prohibit her from testifying before it on the premise of the provisions of section 20 of the said Act.