Arusha, 25 November 2013:The East African Court of Justice First Instance Division today dismissed a Reference seeking the declaration by the Court, that the rules of procedure of the election of members of EALA adopted by the Parliament of the Republic of Uganda are contrary to the Treaty for the Establishment of the East African Community, Article 50 (1) of the EAC Treaty.
Court in its view, said that the impugned rules for the election of Members of EALA that were passed following EACJ order in the Mbidde case conformed to the Article 50 (1) of the Treaty. court added that it is satisfied that the Rules were made by following a proper interpretation of the same Article 50 as laid in the Prof. Anyang’ Nyongo case and the Jacob Oulanyah case.
The Court further said that the meaning and import of Article 50 (1) does not require that all six (6) political parties in the Parliament of Uganda to be represented in EALA.
The Court went further and declared that, it is not a dispute that following a lengthy debate, that the Parliament of Uganda on May 18, 2012 passed the Rules of Procedure for the EALA election. That the process and procedure of nomination, campaigns and subsequent election guaranteed the participation of any interested person and the Court has seen no evidence that to the contrary.
Finally, the Court said that it has the jurisdiction relating to election of the EALA members only where it requires interpretation of the Treaty.
The matter which was filed by Hon. Abdu Katuntu shadow Attorney General for the opposition in the Parliament of the Republic of Uganda versus the government of Uganda and the Secretary General of the East African Community (EAC) was therefore dismissed, and Court ordered every party to bear its costs.
Present in Court to receive the judgment were Hon. Wilbert Kaahwa, representing the Secretary General of the East African Community (2nd respondent), The Attorney General of Uganda (1st Respondent) represented by Ms. Robina Gureme Rwakoojo Commission, Civil Litigation Ministry of Justice and Constitutional Affairs and others, The Counsel for the Intervener Rt. Hon. Margareth Nantongo Zziwa, Speaker of the East African Legislative Assembly and other 8 EALA Members from Uganda, represented by Mr. Justin Semuyaba, Neither the applicant nor his advocate were in Court to receive the judgment. It is however on record that the two were notified of today’s Court proceedings.
All Counsel appeared before Hon. Justices, Jean Bosco Butasi, Principal Judge, Lady Justice, Stella Arach Amoko, Deputy Principal Judge, John Mkwawa, Isaac Lenaola and Dr. Faustin Ntezilyayo all of the First Instance Division.
Note to Editors
Treaty for the Establishment of the East African Community
Article 50 (1)
Election of Members of the Assembly
The National l Assembly of each Partner State shall elect , not from among it s member s, nine member s of the Assembly, who shall represent a s much a s it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure a s the National Assembly of each Partner State may determine.
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
http://www.eacj.org