Arusha, 29 November 2013:East African Court of Justice First Instance Division, ordered the Republic of Uganda (1st Respondent) to cause the amendment of Rule 13(1) and (2) of Appendix B of the 2012 Rules of Procedure of election for EALA Members to bring it into conformity with Article 50(1) of the EAC Treaty, prior to the next EALA elections.
This judgment delivered following a case challenging the legality of the election of the East African Legislative Assembly (EALA) members from the Republic of Uganda, filed by Ms. Among A. Anita from the opposition Party Forum for Democratic Change (FDC) in Uganda against the government and the Secretary General of the East African Community (EAC).
The Court held that it had the requisite jurisdiction to determine the issues raised in the Reference, but subject to what it stated about matters revolving around gazettement of the Rules of Procedure for the election of EALA, 2012 and the nullification of election of the EALA members.
The Court declared that the Rules save for Rule 13 (1) and (2) of Appendix B, are in substance consistent with the Treaty provisions. The Court further declined the Applicant’s invitation to determine the issue as to whether the rules or not the rules were gazette and if not, whether the failure to gazette rendered them null and void as it falls outside its jurisdiction as provided for by Articles 23, 27 read together with Article 30 of the Treaty.
Moreover, the Court stated that, matters revolving around the election of members of the EALA conducted by the Parliament of Uganda and questions related thereto are within the ambit of Article 52 of the Treaty and have to be dealt with by the competent institutions of the Republic of Uganda. Under Articles 77 and 78 of the Constitution of Uganda, that jurisdiction is reposited in the High Court of Uganda.
Finally, On cost, the Applicant having partially succeeded was awarded a quarter of the taxed costs to be borne by the 1st Respondent.
The Court therefore concluded its 4th quarter session and the Principal Judge; Hon. Mr. Justice Jean Bosco Butasi wished all the Parties in the case and the entire public a Merry Charismas and Happy New year 2014.
Notes for editors:
Article 50 (1) of the Treaty states; The National Assembly of each Partner State shall elect , not from among it’s members, nine members of the Assembly, who shall represent as much as 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.
Rule 13 (1) of the procedure of the Parliament of Uganda states; The election of members to the Assembly representing the various political parties and organizations represented in parliament, shade of opinion, gender and other special interest groups in Uganda shall be consensus by the political parties and other members of parliament.
Rule 13 (2) of the parliament of Uganda states; Subject to r. (1) the speaker shall, where consensus is not reached put the matter to vote.
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.
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