Court dismisses Appeal over EAC Partner States Signing EPA Dispute

Posted in Press Release

East African Court of Justice Arusha, 16th February 2018:

The Appellate Division dismissed an Appeal filed by one Castro Pius from the United Republic of Tanzania, whose Application seeking for an injunction to stop the Partner States which had not signed the European Partnership Agreement (EPA) not to sign the same and those who had signed, to stop them from carrying out any further procedures and processes.

On 6^th July 2017, the First Instance Division declined to grant the orders as sought by the Applicant which led the Applicant to the Appellate Division for appeal. 

Court in its order said that, before the session resumed it received a communication from the Appellant between him and his hotel to the effect that his agent was indisposed and will not be able to take up the hotel booking and that the copy of the communication be made available to the Appeals desk (Court) with the view that they can set another sitting day. That the Doctor’s letter granting five (5) days bed rest was also attached.

Court further said that, with the attention of the Counsels for the Respondents on the said communication, all Counsel took a common position was not in a sense a proper communication for adjournment as it was not addressed to Court, neither to the was it copied to the Respondents. That they accordingly asked that the Appeal be dismissed under Rule 1(2) of the EACJ Rules of Procedure.

In its order also said that, “We are persuaded by the Respondents argument that the Appellant’s conduct in seeking to communicate through the hotel is disrespectful attitude conduct in this Court as it amounts to the abuse to the Court process” Justice Ringera read. In addition Court said that, “We are convinced that the Appellants conduct also manifests disrespect in the appeal” Court said. We accordingly grant the prayers of the Respondents and order that this Appeal be dismissed and costs awarded to the Respondents who attended Court today. These were Representative of the Attorneys General from the Republics of Kenya, Rwanda, Uganda and the Secretary General of the East African Community present in Court.

The Court also said that the matter was fixed today for scheduling and all the Parties were duly notified, but when the Court convened, the Appellant was absent and so was the Attorneys General of the Republic of Burundi, South Sudan and United Republic of Tanzania. However, the Court had received an official communication from Burundi of their inability to appear.

The Respondents’ earlier arguments also were that, failure by the Appellant to address the adjournment request to the Court was un procedural and inappropriate hence taking Court for granted and disrespectful. Further Counsels for the Respondents argued that failure by the Appellant to officially communicate to the Court and to the Individual States his request for adjournment shows lack of interest in the Appeal hence asked Court to dismiss it.  Hence the appeal was dismissed.

Present in Court to receive the Ruling were the Representatives of the 2^nd Respondent (Kenya) represented by Mr. Kepha Onyiso Senior, Principal State Counsel, with Ms. Jenifer Gitiri, Senior State Counsel, Mr. Karemera George with Ms. Kabibi Specioza both Senior State Attorneys 3^rd Respondent,(Rwanda), Mr. Elisha Bafirawara, Principal State Attorney with Ms. Cheptoris Sylvia state Attorney & Akello Suzan Apita bothe State Attorneys for the 6^th Respondent (Uganda) and the 7^th Respondent Secretary General represented by Ms. Florence Ochago Principal Legal Officer with Mr. Denis Kibirige Principal Legislative Draftsman. The Republics of Burundi (1^st Respondent), South Sudan (4^th Respondent) and the United Republic of Tanzania (5^th Respondent) were not represented in Court.

The order of the Court was read by Hon. Justice Aaron Ringera with other Honourable Justices of the Appellate Division in open Court. 

Notes for editors:

Brief on the previous ruling of the Court.

The Court stated that in view of the decision of the 18^th Summit of Heads of States held in Dar-es-Salaam on 20^th May 2017 stating that the remaining Partner States that had not signed the EPA were not in a position to do so pending clarification of the issues they had indentified in the Agreement. That it appears that there is no harm to the Applicant if the injunctive order sought is not granted.

The Court went ahead and said that the Applicant failed to clarify the alleged procedures and processes had to be restrained in regard to Partner States which had already signed the Agreement that is Rwanda and Kenya, Kenya having even ratified it.

The Court also added that as far as the status of the EPA process is concerned, negotiations on the Agreement were finished in October 2014 and the same was initialled by all EAC Partner States at the time and thereafter, the signing of the EPA was considered by the Sectoral Council on Trade, Industry, Finance and Investment, which directed the Secretary General of the Community (the 7^th respondent) to liaise with the EU in order to organize the signing ceremony of the EPA.

The Court further declined to grant the order sought by the Applicant, directing the Secretary General (7^th Respondent) to withdraw forthwith from any negotiations initiated with the EU in view of the 17^th Extra-ordinary Summit decision aforesaid until a final decision on the Reference is delivered. The Court said that, the EPA negotiations were concluded in October 2014 and therefore, such an order cannot be granted as the negotiation phase is now closed.

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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.

President Kiir receives EALA Speaker in Juba

Posted in Press Release

East African Legislative Assembly, Juba, South Sudan: February 15^th 2018:

President of the Republic of South Sudan, H.E Gen Salva Kiir Mayardit received the Speaker of EALA, Rt Hon Ngoga K. Martin in the Presidential Palace in Juba.

President Salva Kiir re-affirmed his Government’s commitment to the revitalization talks in Addis Ababa, Ethiopia saying peace and stability were the essence and cornerstone of development. The discussions further centered on strengthening of the bloc and how the Republic of South Sudan can accrue benefits of the integration process.

On his part, Rt Hon Martin Ngoga said the EALA was closely monitoring the peace talks, urging all sides to put the interests of the country first. The Speaker reiterated the regional Assembly’s moral support to the Republic of South Sudan as the Addis talks continue.

He remarked that EALA would at an appropriate occasion hold its Sittings in the country as part of its rotational principle and was keen to sensitise the citizens of the country on the benefits of integration. “We look forward to this, Your Excellency. My counterpart (Rt Hon Anthony Makana) and I are already in discussions on the same”, Rt Hon Ngoga said.

In attendance was the Speaker of the Transitional National Legislative Assembly of South Sudan, Rt Hon Anthony Makana, EALA Members, Hon Thomas Gatkek Dut and Hon Kim Gai and the Minister for Industry, Trade and EAC Affairs, Republic of South Sudan, Hon Moses H.A. Tiel.

Earlier on, the EALA Speaker also paid a brief courtesy call on the 2^nd Vice President, H.E Gen James Wani Igga in the Office of the Vice President.Rt Hon Ngoga concluded his three-day tour of duty that included courtesy calls on the 1^st Vice President, Lt. Gen Taban Deng Gai, the Minister for Industry, Trade and EAC Affairs, Hon Moses H.A. Tiel, Rt Hon Joseph Chan, Speaker of the Council of States and Rt Hon Anthony Makana, Speaker of the Transitional National Legislative Assembly of South Sudan.

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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.