Posted in Press Release
East African Community Secretariat, Arusha, Tanzania, 4th May, 2018:
The 37th Meeting of the East African Community Council of Ministers is currently underway at the EAC Headquarters in Arusha, Tanzania.
The seven-day meeting which kicked off on Wednesday this week started with the Session of Senior Officials which ended on Thursday. The Coordination Committee which brings together the Principal/Permanent Secretaries and Undersecretaries will take place on Friday and Saturday while the Ministerial Session of the meeting will be held from 7th to 8th May, 2018.
Among the items on the agenda of the 37th Meeting of the Council are the Consideration of: the Report of the EAC Audit Commission on the EAC Financial Statements for the Financial Year 2016/2017; Report of the 20th Meeting of the Sectoral Council on Legal and Judicial Affairs; Proposed Amendments to the Protocols on the Establishment of the East African Kiswahili Commission, the East African Science and Technology Commission, and the East African Health Research Commission.
The meeting will also consider the Status of Implementation of the EAC Brand Architecture Strategy, and; the Report of the 7th Meeting of the Sectoral Council on Interstate Security.
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For more information, please contact:
Mr Owora Richard Othieno
Head, Corporate Communications and Public Affairs Department
EAC Secretariat
Arusha, Tanzania
Tel: +255 784 835021
Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
The EAC Secretariat is ISO 9001:2008 Certified
Posted in Press Release
East African Court of Justice, Arusha, 25th April, 2018:
The First Instance Division granted leave to Hon Fred Mukasa Mbidde, to join as an intervener in the case challenging the legality of the election of the Speaker of the East African Legislative Assembly (EALA), that was filed by the Attorney General of the Republic of Burundi versus the Secretary General of the East African Community (EAC). Hon Mbidde is a Member of EALA.
Hon. Mbidde's application for intervention was made under Rule 36 (4) of the Court Rules of procedure which provides that “If the Court is satisfied that the application for leave to intervene is justified, it shall allow the intervention and fix a time within which the intervener may submit a statement of intervention and the Registrar shall supply to the intervener copies of the pleadings.”
The Court in its ruling said that, it has carefully considered the merits of the Application and deduce no injustice or prejudice whatsoever to be suffered by the First Respondent (Republic of Burundi) in the event that it is allowed. The Court added that, on the contrary, “We deem it to be in the interests of justice as well as the best interests of the Community that a Member of the house who was present when the decisions underlying the impugned election were made, be granted leave to intervene in the matter.”
During the hearing in March 2018, Mr. Donald Deya, representing Hon. Mbidde said that, if the order sought by the Republic of Burundi in this case was granted, it would affect the Applicant (Mbidde) and other Members of the Assembly and the substantive Speaker, which will deprive the work of EALA that had spent six months without operating, hence a risk if he is not involved in the matter.
Deya also argued that the Applicant filed the matter on his own behalf and on behalf of other EALA Members interested in the case. Deya added that because the Applicant and other Members of EALA were present on the day of the election, therefore they have knowledge, evidence, information and insights about the election process which he wants to bring to the attention of the Court which will assist the court to arrive at the best decision.
The Court’s ruling on the argument above, said that, the express wording of the Resolution of the House that was availed to it, in turn reads as follows: “Now therefore, this House do resolve to: 1) grant leave to Hon Fred Mukasa Mbidde and any other Member of the Assembly who may want to intervene, and or to appoint lawyers to represent it in the case Reference No. 02 of 2018 in the East African Court of Justice ; 2) Grant leave to Hon Fred Mukasa Mbidde to use the records of the House in case Reference No. 02 0f 2018.”
The Court therefore from the above wording of the Resolution, said that, it does not amount to authorizing Hon Mbidde to act on behalf of such other Member of the House as would be interested in intervening in the said Reference (Case).
The Republic of Burundi in the main case (Reference) is challenging the election of the Speaker of EALA, arguing that, the Assembly did not follow Rule 12 of the Rules of Procedure of the Assembly, which requires the quorum of one third (1/3) of the elected Members from each Partner State, yet Burundi and the United Republic of Tanzania did not participate in the elections.
Burundi is therefore asking court to declare that the election violated rule 12 (1) of the EALA Rules of Procedure and order for the re-election of the Speaker in accordance with the Rules of Procedure.
Hon Mbidde (Applicant) was present in Court to receive the Ruling. The ruling was delivered by Honorable Judges Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), and Justice Fakihi A .Jundu,
Notes to Editors
Rt. Hon Martin Ngoga (the current Speaker) from the Republic of Rwanda was elected Speaker of EALA on 19th December 2017. Rt Hon Ngoga polled 33 votes in the second round of voting against Hon. Leontine Nzeyimana of Burundi who amassed 3 votes while Hon. Adam Kimbisa of the United Republic of Tanzania did not receive any vote. Rt. Hon. Ngoga replaced Hon. Daniel Kidega from the Republic of Uganda whose term expired. According to the Treaty, the position of the Speaker of EALA is rotational.
Article 40 of the Treaty provides that: A Partner State, the Secretary General or a resident of a Partner State who is not a party to a ca se before the Court may, with leave of the Court, intervene in that ca se, but the submissions of the intervening party shall be limited to evidence supporting or opposing the arguments of a party to the case.
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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.