Arusha, 07 November 2013: The East African Court of Justice First Instance Division, will on 29th November 2013 deliver a ruling for an application seeking the Court to temporarily restrain the Government of Uganda from the construction of a Hydro Power Unit, pending the hearing and determination of the main case in the National Court of Uganda. The case was filed by Mr. Henry Kyarimpa against the government of Uganda, challenging the Memorandum of Understanding that was signed between the Republic of Uganda and People’s Republic of China to construct the Kaluma Hydro Power Unit in Uganda.
TCounsel for the Applicant Mr. Mbabazi Mohmed submitted that, the act by the government of awarding a contract for the construction of the dam to China was done outside the procurement process which is an infringement of Articles 6, 7 and 8 of the Treaty for the establishment of the East African Community. The Articles provide fundamental principles of the Community, Operational principles of the Community and General undertaking as to implementation respectively.
Mr. Mbabazi continued and urged that the Ugandan government ignored the Court orders of the against the cancellation of the previous procurement process and that they will suffer irreparable damage not equivalent to monetary compensation when there is violation of rule of law, thus the need to restrain the Government of Uganda from proceeding with the contract. He therefore asked Court to grant an injunction order against the government of Uganda to refrain it from infringing the Treaty and to interpret Article 38 (2) of the same.
The Respondent ( Attorney General of the Republic of Uganda) represented by Mr. Cheborion Barishaki, Director of Civil Litigation Uganda, in response to the Applicant submitted that in a bi-lateral arrangement between the government of Uganda and China, Uganda nullified the previous procurement process after investigations by the Inspector General of Government and found out the process was not accurate and not recommended by the Ministry of Energy and Minerals of Uganda as well which led to the cancellation of the previous procurement process and now the government in the implementation of the new one.
Mr. Bafirawala Elisha, Senior State Attorney and Mr. Richard Adrole State Attorney also Counsels for the Respondent, in agreement with Barishaki, urged the Court to strike out the Application with costs because the parties including Sino hydro CMC, Kaluma JV, China International Water and Electric corp among others who were involved in the procurement process which was canceled have no irreparable damages suffered. He added that instead the court should consider the social economy benefits like employment which will be lost if the application is granted. Mr. Bafirawala added that the matter is of private interest so be dismissed.
The hearing was before Hon. Mr. Justice Jean Bosco Butasi, Principal Judge, Hon. Lady Justice Stella Arach Amoko, Deputy Principal Judge, Hon. Mr.Justice John Mkwawa, Hon. Mr. Justice Isaac Lenaola and Hon. Dr. Justice Faustin Ntezilyayo.
Note to Editors:
Treaty for the Establishment of the East African Community
Article 6(d) Good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protect ion of human and people’s rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights;
Article 7(2) The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.
Article 8 The Partner States shall:
(a) plan and direct their policies and resources with a view to creating conditions favourable for the development and achievement of the objectives of the Community and the implementation of the provisions of this Treaty;
(b) co-ordinate, through the institutions of the Community, their economic and other policies to the extent necessary to achieve the objectives of the Community; and
(c) abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of this Treaty.
Article 38 (2) Where a dispute has been referred to the Council or the Court, the Partner States shall refrain from any action which might be detrimental to the resolution of the dispute or might aggravate the dispute.
Article 27(1) The Court shall initially have jurisdiction over the interpretation and application of this Treaty:
Provided that the Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States.
Article 27(2) The Court shall have such other original, appellate, human right s and other jurisdiction as will be determined by the Council at a suitable subsequent date. To this end, the Partner States shall conclude a protocol to operationalize the extended jurisdiction.
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. Established in November 2001, the Court’s major responsibility 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 High Courts of the Partner States serve as sub-registries.
For more information please contact:
Prof. John Ruhangisa, Registrar
Email: ruhangisa@eachq.org
Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org
Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
EAC Secretariat
Tel: +255 784 835021; Email: othieno@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org/