EAC Secretary General not proper party in EALA election dispute in Uganda East African Court of Justice Arusha, 12 September 2013: East African Court of Justice First Instance Division, today heard a case concerning the election of the East African Legislative Assembly (EALA) members from Uganda filed by Hon. Abdu Katuntu shadow Attorney General for the opposition in the Parliament of the Republic of Uganda against the government of Uganda and the Secretary General of the East African Community (EAC). Hon. Abdu Katuntu (Applicant) represented by Mr. Ladislaus Rwakafuzi conceded that the Secretary General was wrongly sued in this matter and abandoned all issues that were alleged against him, but contended that in any case he was an interested party who would have applied to become a party because this matter concerned the Community and it was necessary for him to provide guidance in the dispute. The Applicant, is 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, under Article 50 (1) which provides the procedure to the National Assembly on the Election of Members of the Assembly. He also submitted that the rules of the parliament of Uganda exclude the independent parties and the minority groups which contravene the provisions of the Treaty. Mr. Rwakafuzi said that EACJ has the jurisdiction to give a proper interpretation of the principle of proportional representation of EALA Members under Article 50 (1) of the Treaty for the establishment of the EAC. The Attorney General of Uganda (1st Respondent) represented by Ms. Robina Gureme Rwakoojo Commissioner, Civil Litigation Ministry of Justice and Constitutional Affairs, contended that the Court’s jurisdiction is only limited to the interpretation and application of the Treaty for EAC. She added that the rules of the parliament of Uganda were amended as EACJ had clearly set out the requirements in the judgment of Democratic Party (DP) and Fred Mukasa Mbidde. She therefore asked Court to dismiss the case. Hon. Wilbert Kaahwa, representing the Secretary General of the East African Community (2nd Respondent) argued that the Applicant should have struck out the SG in this matter as he had no role to play in EALA election process on 30th May 2012. He however questioned the interest of the Hon Abdu Katuntu (Applicant) in this case and emphasized that the Applicant must follow the rules of procedure of the East African Court of Justice Rule 48 (b) on amendment of pleadings to include the Secretary General which provides that, the consent of all parties, and where a person is to be added or substituted as a party, that person’s consent; Mr. Justin Semuyaba Counsel for the Interveners, Rt. Hon. Margareth Nantongo Zziwa, Speaker of the East African Legislative Assembly and other 8 EALA Members from Uganda, associated himself with the submissions of 1st and 2nd Respondents’ that the Court has no Jurisdiction and the Applicant’s interest in the matter is not clear. He added that Hon. Abdu Katuntu participated in the amendment of the Rules of the parliament of Uganda and therefore asked Court to dismiss the Reference. The Court will deliver the judgment on notice About the EACJ The East African Court of Justice (EACJ or the Court), is the judicial arm of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Operationalized 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 .Dr. John Ruhangisa, Registrar Email: [email protected] Ms. Geraldine Umugwaneza, Deputy Registrar Email: [email protected] Mr. Owora Richard Othieno, Head of Department; Corporate Communications and Public Affairs; EAC Secretariat Tel: +255 784 835021; Email: [email protected] East African Court of Justice Arusha, Tanzania eacj.org
Posted on: Mon, 16 Sep 2013 11:07:25 +0000
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