Press Release

First Instance Division dismisses case challenging decision of the Constitutional Court of Burundi on Presidential term limits

The First Instance Division of the East African Court of Justice has dismissed a case filed by the East African Civil Society Organizations’ Forum (EASCOF) against the Attorney General of the Republic of Burundi, the Independent National Electoral Commission of Burundi (CENI) and the Secretary General of the East African Community.

EASCOF had alleged that the decision of the Constitutional Court of the Republic of Burundi violated the letter and spirit of the Arusha Peace and Reconciliation Agreement for Burundi, 2000 (the Arusha Accord) which was promulgated into domestic law by the Parliament of the Republic of Burundi, in particular Article 7(3) of Protocol 11 to the Arusha Accord which provides that the President of the Republic of Burundi shall be elected for a  term of five (5) years, renewable only once and that no one may serve more than two presidential terms. EASCOF further alleged that the Constitution of Burundi states under Article 96 that the President of the Republic is elected by universal; suffrage for a mandate of five years renewable once.

The Applicant further alleges that by reason of the aforementioned breach of the Arusha Accord and the Constitution of Burundi, the decision of the Constitutional Court equally violated Articles 5(3)(f), 6(d), 7(2), 8(1)(a) (c) and 8(5) of the Treaty for the Establishment of the EAC. The forum further claimed that the decision of the ruling CNDD-FDD political party to nominate or put forward President Nkurunzinza as a candidate for election to the Office of the President of the Republic Burundi in 2015 violated the Arusha Accord aforementioned and was therefore unlawful.

The Applicant also alleges that the CENI had failed to ensure compliance with the provisions of the EAC Treaty.

The Court in its decision declined the application by the Applicant to interrogate/ review, revise the decision of the Constitutional Court of the Republic of Burundi. It further added that it has primacy in the interpretation of the Treaty but its mandate does not extend to the interrogation/review of the decisions of other Courts in a judicial manner such as being asked by the Applicant of the Constitutional Court in this matter.

EACJ said that the interrogation would require the Court to exercise the appellate Jurisdiction over the said decisions which jurisdiction the Court does not have. The judges observed that the independence of the Courts of Partner States was a paramount principle of the rule of law as envisaged in Articles 6 (d) and 7 (2) of the Treaty, adding that they could not therefore in upholding those principles, interfere with that independence.

On the issue of the CNND-FDD to nominating Mr. Pierre Nkurunziza as its Presidential candidate for election, the Court decided that the issue was time barred. That the decision was made on 25th April, 2015 and therefore any challenge to it pursuant to Article 30 (2) of the Treaty ought to have been filed before it Court on or before 3rd June, 2015. That since the Reference was filed on 6th July 2015, it clearly shows that the matter was time barred.

The Court further averred that it found no evidence that the Secretary General had breached any of his duties in the context of this Reference, adding that the powers and functions of the Secretary General were clearly spelt out in Articles’ 67 and 71 of the Treaty. The judges were therefore hesitant to hold the Secretary General accountable for any action on his part. The Court reiterated the matter was predicated upon a specific decision of the Constitutional Court of Burundi issued on 25th May, 2015 with attendant events. The Court said that there was no plausible reason why the Secretary General was enjoined in this matter.

The Court also observed that the second respondent, CENI, was struck out of the reference that it has never entered appearance, was also improperly enjoined in this matter.

They concluded that the Reference has brought to the fore the continuing and emerging questions regarding the rule of law in Partner States within the EAC. The Court, faithful to its mandate, has found that the present case does not meet the muster of the Treaty and the same has to fail.

The Court closed the matter and ordered each party to bear their own costs.

The judgement was read by Hon. Justice Isaac Lenaola Deputy Principal Judge First Instance Division

China donates US$ 200,000 to EAC for Inter-Burundi Dialogue

The People’s Republic of China has donated US$200,000 to the East African Community Secretariat as part of support to the ongoing Inter-Burundi Dialogue.

Making the announcement at the EAC Headquarters in Arusha, Mr. Gou Haodong, the Minister-Counsellor at the Chinese Embassy in Dar es Salaam, Tanzania reaffirmed China’s commitment to the success of the Burundi peace process.

Mr. Haodong hailed the EAC for playing a leading role in facilitating the talks, adding that China would continue to support the talks until Burundi realized a genuine and lasting peace.

Mr. Philip Wambugu, the Director of Infrastructure at the EAC Secretariat, who received the donation on behalf of the EAC Secretary General, thanked China for its generous contributions which he said have kept the talks going.

Mr. Wambugu said the Summit had at its 17th Extra-Ordinary Meeting held in State House Dar es Salaam on 8th September, 2016 directed the EAC Secretariat to continue mobilizing resources for the purpose of supporting the peace talks.

Also present at the talks were First Secretary at the Chinese Embassy, Mr. Xia Riu Jiu, and Dr. James Njagu, the Chef de Cabinet to the Secretary General.

EALA joins push for legislative powers at ECOWAS Parliament

The EALA Speaker, Rt Hon. Daniel Fred Kidega says the time for the Economic Community of West African States’ (ECOWAS) Parliament to get Legislative powers is now, Such a move, Rt Hon. Kidega notes would be a precursor to capacitate the Legislature to enact laws and respond to demands of the populace of the West African region. Consequently, the EALA Speaker is urging the 4th Legislature to up the push on the adoption and signing of the Supplementary Act on the Enhancement of powers of the said Parliament.

Rt Hon. Daniel Fred Kidega made the remarks on September 22, 2016, as he delivered a solidarity message to the Assembly at the commencement of the 2nd Ordinary Session of the ECOWAS Parliament at the Parliamentary buildings in Garki, Abuja, Nigeria.

He further remarked that it was in the best interest of the bloc to speed up integration to realise the aspirations of the founding fathers of ECOWAS and those of its citizens.

“In order to realise integration to its fullest, this may perhaps be – an opportune moment for the ECOWAS Parliament to transform itself into a legislative body capacitating it to enact laws that can influence change and to respond to the demands of the populations”, the Speaker said.

“I recall with vigour the 3rd Legislature had sought the enhancement of its powers to include the power to legislate in co-decision with the Council of Ministers, representation, budget appropriation and confirmation of statutory appointees of the Community Institutions. The 4th Legislature continues with the spirited campaign for the adoption and signing of the Supplementary Act on the Enhancement of the Powers of the Parliament, which shall give ECOWAS Parliament the desired legislative powers, an initiative that EALA totally and fully supports”, the Speaker added.

He said EALA had contributed to strengthening of the integration process at the EAC - given its legislative powers, by passing over 70 pieces of legislation, all key to upping the stakes for stability and development in the EAC region.

“Having superintended over an Assembly with legislative powers, there are enormous benefits of such an arrangement for the integration process,” he added.

The EALA Speaker remarked that it was also necessary for the discourse on legislative powers to be scaled-up to the continental level. At the moment, the South African based Pan-African Parliament (PAP) is also campaigning for the ratification of the new Protocol that is envisaged to give it powers to pass model laws for the continent. The new Protocol needs at least 28 ratifications to be enforced. At the moment, 10 countries have ratified the instrument but only two have returned (deposited) the same with PAP.

In an aired/televised message, the President of the Republic of Liberia and Chairperson of the Authority of ECOWAS Heads of State and Government, H.E. Ellen Johnson Sirleaf remarked that the ECOWAS Parliament was a catalyst and indeed at the fulcrum of integration.

President Sirleaf who was attending the United Nations General Assembly (UNGA) in New York, USA, maintained that ECOWAS was committed to achieving its 2020 Vision of a borderless and peaceful region, devoid of terrorism and other insecurities, and one that embraces good governance and employs total free movement of persons in the bloc.

The President remarked that ECOWAS region had realised a number of successes including the introduction of a regional e-passport, the first in the Continent and for its timely dispatch of a regional peace-keeping force to States that were facing conflicts. She however maintained the need to prioritise infrastructural projects and completion of outstanding protocols and signing of agreements such as the Economic Partnership Agreements (EPAs).

The Speaker of the ECOWAS Parliament, H.E. Mustaffa Cisse LO, stated at the very least, the ECOWAS Parliament would continue in its quest to find solutions for the ever-increasing regional challenges in migration and maritime security. He said ECOWAS’ mandate included holding consultations in key sector areas such as trade and investment to improve the standards of living and filtering of such resolutions to the ECOWAS Commission for implementation.

The opening ceremony was also addressed by the Speaker of the Pan-African Parliament, H.E. Roger Nkodo Dang, Speaker of the Parliament of Sierra Leone, Rt Hon Sheku Badara Bashiru Dambuya, President of the ECOWAS Commission and the President of the ECOWAS Court of Justice, Hon Justice Jérôme Traoré.

Over the next two weeks, the ECOWAS Parliament is expected to deliberate on a number of key matters including presentations of the draft report on the preparation of the preliminary draft of the 2017 budget of Parliament, consideration and adoption of reports of the Standing, Ad hoc and Joint Committees in Plenary. The Plenary shall also receive and consider the Country reports of its 15 Member States.

EALA has been collaborating with the regional Parliaments in sharing of information and in exchange of best practices. During the recent 8th Meeting of Annual Speakers, held under the aegis of the Pan-African Parliament in Midrand, South Africa, EALA Speaker was elected to chair the Caucus of Regional Speakers/leaders in Africa.

At the moment, other than the Parliament of the European Union, the EALA is the only other regional Parliament with legislative powers. EALA passes Bills on matters within the purview of the Community and such take precedence on the laws of the national Partner States on similar matters.

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