Posted in Press Release
East African Court of Justice, Arusha, 6th June, 2018:
As the Court resumed its sessions this week, the First Instance Division on Tuesday, 5th June, 2018 allowed the Applicant, Mr. Hassan Basajjabalaba & Bassajabalaba Muzamiru (Ugandans), to amend their Application seeking Court to stop the government of Uganda from summoning them for investigation over a criminal case. The Applicants represented by their advocates in court made the request under Rule 48(a) of the Court Rules to amend their Application.
The Court on 24th April, 2018 had declined to grant ex parte orders (Order granted in the absence of the opposing party) saying that the orders issued by the Constitutional Court of Uganda were broad enough to cover the Applicant’s complains before it at the ex-parte stage and that it’s the enforcement of the said orders that the Applicants should pursue in the interim, rather than seek a re-issuing of the same orders by the EACJ without hearing the Respondent. “We say so guardedly and without in any way making a determinate finding on the merits of the Applicants’ case at the inter-partes stage (all parties in the case) hearing the Respondent” said the Court.
On 8th May 2013, the Applicants had obtained orders in Petition No.12 of 2013 at the Constitutional Court in Uganda, in which the Respondent (Government of Uganda) was prohibited from using the processes of any court, so as to initiate and prosecute the Applicants for any charges arising out of or in connection with the issues forming the subject matter of the criminal case mentioned earlier. The Constitutional Court also ordered that all pending charges and proceedings against the Applicant in the same criminal case No. 3 of 2013 be stayed.
The Application before EACJ was triggered by a letter dated 9th April 2018, requiring the Applicants to appear before the CID at Kibuli on 24th April 2018, to provide further information in the matter under investigation and facilitate the ongoing preparations for the hearing of the criminal case against them.
The Applicants were seeking ex-parte restraining orders directed at the Respondent (The Republic of Uganda) and its agencies, specifically the Uganda Police and any other security agency or department of the government of Uganda. The Applicant sought the following Court orders: That the summons issued on 9th April 2018, requiring the attendance of the Applicant before the Criminal Investigation Department (CID) to be interrogated or questioned in relation to criminal case No. 3 of 2018, in which the Applicants are accused persons, should not be implemented until the hearing of their Reference pending before this Court; other orders sought are in respect of restraining orders to stop the arrest of the Applicant they are being charged in any court and the reconstitution of any bench of the Constitutional Court of Uganda to re-fix for hearing de-novo (hearing the matter afresh) of the petition No. 3 of 2013, pending delivery of judgment by that Court.
The Applicants’ Lawyer said that after this Court (EACJ) issued the ruling on 24th April 2018, the Constitutional Court also delivered its long pending Judgment in favor of the Respondent (government of Uganda) hence the reason that has led to the amendment of the Application in order to address that Judgment by the Constitutional Court. Counsel for the Respondent did not oppose the application for amendment but requested to be given times to file their response because they had just been served with the amended Notice of Motion.
The Court (First Instance Division) therefore granted the parties a period of one month to file and serve their Affidavits and submissions in the Court Registry by (2nd July 2018) in order for the matter to be scheduled for hearing in the next session.
Counsels for the Applicant appearing were Mr Caleb Alaka & Mr Joseph Kyazze for the Applicants and for the Respondent were Ms Patricia Mutesi and Charity Nabaasa and Arinaitwe Goretti. The matter came up for hearing before Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Fakihi A .Jundu. Dr Faustin Ntezilyayo and Dr Charles Oyo Nyawello.
ENDS
For more information, please contact:
Yufnalis Okubo
Registrar
East African Court of Justice
Arusha, Tanzania
Tel: +255 27 2162149
mail: Okubo [at] eachq.org
www.eacj.org
About the East African Court of Justice:
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 Court’s sub-registries are located in the respective National Courts in the Partner States.
Posted in Press Release
East African Legislative Assembly, Arusha, Tanzania: 4 June, 2018:
The EAC has presented for consideration Budget estimates for the Financial Year 2018/2019, totaling $99,770,716 to the East African Legislative Assembly Sitting. The Chairperson of the EAC Council of Ministers, and Second Deputy Prime Minister, Republic of Uganda, Rt Hon Dr Ali Kirunda Kivenjija, presented the Budget Speech to an attentive House.
The 2018/2019 Budget themed: “Enhancing Prosperity and Welfare of EAC Citizens” is a step-down from $110,130,184 presented to the House in the previous Financial Year. According to the Chair of Council of Ministers, the Priority Interventions for FY 2018/2019 will focus on enhanced free movement of goods in the region and further liberalization of free movement of labor and Services; improved cross-border infrastructure to ease cost of doing business in the region; and enhanced regional agricultural productivity. Other priority interventions include enhanced industrial development through investment in key priority sectors including leather and textile; skills development, technological advancement and innovation to stimulate economic development. The implementation of the roadmap for the attainment of the EAC Monetary Union; strengthened Peace, Security and Good Governance and Institutional Framework for EAC Political Confederation are also set for consideration.
The 2018/2019 Budget is allocated to the Organs and Institutions of the EAC as follows; East African Community Secretariat ($46,693,056), East African Legislative Assembly ($17,885,852) and the East African Court of Justice ($3,982,446). The Inter-University Council for East Africa shall receive ($6,847,969), Lake Victoria Basin Commission ($13,357,673) while $ 2, 518,137 is earmarked for the Lake Victoria Fisheries Organization. On their part, the East African Science and Technology Commission shall receive ($ 1,661,779), East African Kiswahili Commission ($ 1,605,353) and the East African Health Research Commission ($ 4,204,032). The East African Competition Authority is to benefit from $1,014,418 in the Financial Year 2018/19.
The 2018/2019 Budget is to be financed by Partner State contributions through the Ministries of EAC Affairs ($50,227,920); Ministries responsible for Education – ($ 4,466,210) and Ministries responsible for Fisheries ($ 1,551,032). Development Partners will support the Community to the tune of ($42,925,613) while Member Universities will inject in to the kitty $ 333,970. The miscellaneous revenue is pegged at $ 265,971.
Other key areas Rt. Hon Dr Kivenjija said, include further consolidation of the Single Customs Territory (SCT) to enhance intra-EAC trade, leading to reduction in the cost of doing business in the region and the development of regional infrastructure, thereby reducing transport costs, and easing cross-border movement of people, goods and services. The funds are also earmarked to enhance implementation of the EAC Common Market Protocol, with particular emphasis on free movement of skilled labour across the Partner States.
Promotion of peace, democracy and security across the Partner States as well as efforts towards full participation of the Republic of South Sudan in the activities of EAC are other areas of priority for the Community in the coming Financial Year.
The EAC is further expected to streamline and further consolidate its operational systems to achieve the desired level of efficiency, accountability, and value for money.
Last Financial Year, the august House approved a Budget of USD110, 130,184. The said amount was earmarked for among others; consolidation of the Single Customs Territory (SCT) to cover all imports and intra-EAC traded goods; Infrastructural development in the region and liberalization of free movement of skilled labour across the Partner States.
The second Deputy Prime Minister cited a number of assumptions on which this year’s budget is pegged on to include the continued and consolidated political support of the EAC integration and the availability of adequate financial resources and remittances. Political stability and good governance as well as safe and stable security across the region are other areas of consideration.
On the global economic performance outlook, the Minister informed the House the global economy had expanded by 3.7 % in 2017, which is approximately 0.5 % point higher than the growth in 2016. The pickup, Rt Hon Dr. Kivenjija added, in global growth was supported by a notable increase in global investment, trade, and industrial production, coupled with strengthening business and consumer confidence. Accordingly, Sub-Saharan Africa’s real Gross Domestic Product (GDP) grew by 2.7 % in 2017 compared to a revised growth rate of 1.4 % registered in 2016. The accelerated growth was mainly due to favourable commodity export prices and strong agricultural production.
Rt Hon Dr. Kivenjija said the region had continued to realise significant growth and development even though there were mixed results. “Mr. Speaker, the EAC region maintained its position as the fastest-growing sub-region in Africa, with estimated growth of 4.6 % in 2017, up from 4.4 % in 2016”, the Chair said.
Strong growth was widespread in the region, with Kenya, Rwanda, Tanzania and Uganda growing at more than 5%. Growth in Kenya was supported by sustained investment in infrastructure and improvement in the service sectors, while in Uganda and Tanzania growth was mainly supported by strong performance in the industry sector. Rwanda’s growth was supported by favorable weather conditions and higher commodity prices. However, the Chair said the economic growth in Burundi and South Sudan remained subdued in 2017, with some signs of steady recovery. GDP growth in Burundi contracted by 1.3 % in 2017 compared with a revised contraction of about 1.6 % in 2016. This was mainly due to sustained impact of suspension of financial aid by major donors, shortage of foreign exchange reserves, and declining investment. Likewise, the Minister stated growth in South Sudan contracted by about 3.5 % in 2017 compared to a contraction of 13.8 % in 2016. Growth deceleration in South Sudan since 2015 has been largely contributed by the combination of low oil prices and reduction in oil production following the ongoing political challenges.
On legislation, the Minister informed the House the Community had enacted among others, the EAC Supplementary Appropriation Bill 2017; the EAC Appropriation Bill, 2017, the EAC Oaths Bill, 2018 and the EAC Polythene Materials Control Bill, 2017. He informed the House that a number of new Bills would be introduced in the coming Financial Year. “Mr. Speaker, during the Financial Year 2018/2019 the Council will propose amendments to the EAC Standardization, Quality Assurance Metrology and Testing Act (SQMT) 2006. The proposals are intended to make it possible to make SQMT regulations by separating metrology matters from SQT matters. The Council also intends to review and bring amendments to laws relating to trade especially the EAC Competition Act, 2006”, Hon Dr Kivenjija said. The Council of Ministers is to further initiate Bills that support the establishment of the East African Monetary Union. In particular, the Council shall initiate the East African Surveillance Compliance and Enforcement Commission Bill 2018 and the EAC Financial Commission Bill, 2018, in compliance with the Protocol on the Establishment of the East African Monetary Union.
The Chair of Council of Ministers further lauded the Assembly for the speed with which it is carrying out with its mandate.
“From what I see and from what I have already experienced in the six months with you, I can only hold the Members of the 4th Assembly in high esteem and high regard because you have hit the road with a lot of enthusiasm and focus. As Council, we only hope that you continue to excel and to hold us even more accountable”, he said.
On Infrastructure, the Minister informed the House of the completion of the Taveta – Mwatate road, which is part of the multinational Arusha – Holili/Taveta – Voi road and its commissioning in July, 2017. On the side of the United Republic of Tanzania, the dual construction of the14 Km long Sakina – Tengeru section, was completed while the construction of the 42-km long Arusha Bypass is in progress. The Minister further informed the House of the completion of the Mombasa-Nairobi standard gauge railway (SGR) line in Kenya and stated the phase II from Nairobi to Naivasha was ongoing and expected to be completed by 2019. “These are backbone lines for the Mombasa-Nairobi-Kampala-Kasese/Kigali and Tororo-Pakwach/Gulu-Nimule-Juba SGR project along the Northern Corridor”, the Rt Hon Deputy Prime Minister informed the House.
Rt Hon Dr Kivenjija remarked that EAC was collaborating with the COMESA and SADC under the Infrastructure Development Pillar of the Tripartite Free Trade Area, to implement the Tripartite Transport and Transit Facilitation Programme. He remarked the collaboration was key in harmonization of policies, standards and specifications in the roads sector.
On Civil aviation and airport matters, the House was informed the EAC Secretariat had completed the draft regulations to guide the Partner States in quest to fully liberalize their Air Transport Services. The rationale for this, the Minister said is in order to achieve improved efficiency, enhancement in capacities and eventually lowering the cost of air transport in the Region. During the period under review, the EAC Secretariat similarly coordinated the operationalization of the EAC aeronautical and maritime search and rescue agreement and the development of an EAC agreement in handling aircraft accident and incident investigation.
On agriculture and food security, the EAC Minister said the region remained committed to fully support implementation of the June 2014, African Heads of State Malabo Declaration on Agriculture Growth and Transformation in Africa.
I am pleased to inform you that the EAC is strongly committed to support implementation of the June 2014, African Heads of State Malabo Declaration on Agriculture Growth and Transformation in Africa. In June 2017 Ministers responsible for Agriculture in the EAC Partner States and other key regional stakeholders signed the EAC Comprehensive African Agricultural Development Programme (CAADP) pact. Further, the EAC Regional Agriculture Investment Plan (RAIP), which will be a key instrument in rallying financial and technical support to spur agricultural transformation was developed and is now awaiting consideration and adoption by the 11thSectoral Council on Agriculture and Food Security.
The Minister called for heightened measures to ensure food security. “Mr. Speaker, the EAC region suffers from frequent food insecurity despite the huge resource endowments and great potential for production of adequate food. Food insecurity in the region is caused by both natural and policy related factors. The EAC Secretariat with the financial and technical support from USAID and East Africa Trade and Investment Hub (EATIH) has developed EAC Regional Food Security and Nutrition Security Strategy (FNSS) and its Action Plan (FSAP) to guide the implementation and actualization of the regional food security objectives”, he remarked.
The House is now expected to debate on the Budget proposals.
- ENDS -
For more information, please contact:
Bobi Odiko
Senior Public Relations Officer
East African Legislative Assembly
Arusha, Tanzania
Tel: +255-27-2508240
Fax: +255-27-2503103
Cell: +255-787-870945, +254-733-718036
Email: BOdiko [at] eachq.org
Web: www.eala.org
About the East African Legislative Assembly:
The East African Legislative Assembly (EALA) is the Legislative Organ of the Community and has a cardinal function to further EAC objectives, through its Legislative, Representative and Oversight mandate. It was established under Article 9 of the Treaty for the Establishment of the East African Community.
