East African Court of Justice, Arusha, Tanzania 16th March 2024: The Judge President, Hon. Justice Nestor Kayobera, on the 14th of March paid a Courtesy call on His Excellency Salva Kiir Mayardit, Chairperson of the EAC Summit of Heads of State and President of the Republic of South Sudan at the State House in Juba.

His Lordship briefed His Excellency on the role of the East African Court of Justice in the East African Community Integration agenda and requested the EAC Summit of Heads of State to appoint a Judge from South Sudan to the East African Court of Justice (EACJ) First Instance Division before June 2024 court session, to replace Hon. Justice Charles Nyawello whose 7 years tenure of service ends on 20th May 2024.

Justice Charles Nyawello was appointed a Judge to the EACJ First Instance Division on 20th May 2017, during the 18th Ordinary Summit of the EAC Heads of States in Dar es salaam, Tanzania. Articles 24 (1) and 25 of the Treaty for Establishment of the EAC, Judges of the Court are appointed by the Summit from among recommended persons by the Partner States, to serve a maximum period of 7 years subject to retirement at the age of 70, resignation, death or removal from office in accordance with the Treaty.

The Chief Justice Hon. Justice Chan Reec and the Hon Bangasi Joseph Bakosoro, Minister for Presidential Affairs, South Sudan were also in attendance during the courtesy visit to H.E. The President.

On 15th March, the Judge President also had an opportunity to meet with the Chief Justice Hon. Justice Chan Reec and the Minister of Justice and Constitutional Affairs/ Attorney General, Hon. Justice Reuben Madol Arol of the Republic of South Sudan. His Lordship briefed them on the mandate of the East African Court of Justice, access to Court by legal and natural person who are residents in East Africa Community. He also informed them on the procedure for appointing Judges to the Court.

Justice Kayobera informed the Chief Justice and the Minister about a scheduled training of twenty-five (25) legal and judicial officers in South Sudan, focusing on the East African Community Laws (EAC) and the EACJ jurisprudence. He told them that the training is set for April 2024 and in preparation for the training, His Lordship requested for nomination of the participants both from the government and private lawyers. He emphasized the importance of the training, considering the different legal systems both civil and common law system among EAC Partner States.

He urged the Minister of Justice and Constitutional Affairs/ Attorney General, who is also the current Chair of the EAC Sector Council on Legal and Judicial Affairs as well as the EAC Chief Justices Forum, to be the Ambassador of the court, and its mandate to be well understood. The Community requires a strong Judiciary that comes with support from the Partner States.

On his part the Minister, Hon. Reuben Madol Arol welcomed the Judge President to South Sudan and was delighted to hear that the Court is embarking on the training of government lawyers, judicial officers and the bar. He appreciated the engagement, which will enhance knowledge and close working relations.

The Minister expressed interest to further understand the philosophy and rationale behind the issue of non-exhaustion of local remedies in accessing the EACJ, to enable him to explain to the citizens. He was pleased that the Judge President had an opportunity to meet with His Excellency the President and Chairperson of the EAC Heads of State Summit of and the Chief Justice and look forward to the training since most of the government lawyers experience challenges while using the EACJ procedure. “If lawyers are not trained, it becomes difficult for judges” said Hon. Madol Arol

The Chief Justic Hon. Justice Chan Reec raised concern on exhaustion of local remedies and lack of awareness of the Court and EAC at large among citizens. He appreciated the plan for the upcoming training to the legal professionals. They also discussed on fast tracking establishment of a Sub-Registry Office in Juba to enable litigants file cases without difficulties and costs incurred.

The meeting was also attended by Hon. Gabriel Isaac Awow Undersecretary, Hon. Boing Pieng Director Civil Litigation, Hon. Mary Ajith Director of Legislation and Hon. Lawrence Kimilo Senior Legal Counsel Office of the Minister.

About the EACJ

The East African Court of Justice (EACJ or ‘the Court’), is one of the Organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. The Court was established in November 2001, its key mandate is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty. Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the capitals of the following Partner States: Burundi, Kenya, Rwanda, Uganda and United Republic of Tanzania.

For more information please contact:

Christine Mutimura

Deputy Registrar,

East African Court of Justice.

Arusha, Tanzania

Tel: 255-27-2162149

Email: cmwekesa@eachq.org