TBY talks to Libérat Mfumukeko, Secretary-General of the East African Community (EAC), on Tanzania's importance to the EAC, the major achievements of regional integration, and obstacles ahead of a monetary union.
What are the mutual benefits of Tanzania's membership in the EAC?
The United Republic of Tanzania is one of the founding partner states of the EAC. Tanzania is also the home to a number of pioneer African nationalists and Pan-Africanists, foremost among whom is the late Mwalimu Julius Nyerere. Pan-Africanism is important in this context, because the EAC and other regional economic communities in Africa are all part of the African Union's overarching plan to form an African economic community by the year 2063. Tanzania, the second-largest economy in the region, has also played a crucial role in promoting political liberation and stability not just in East Africa but Africa as a whole. The EAC is, therefore, richer with Tanzania as a partner state.
What has been the impact, in real terms, thus far of the EAC's economic integration process, gaining momentum now for well over a decade?
In April 2016, the community attained international recognition as the fastest-growing regional economic community in Africa. This acclaim is a result of the major achievements in terms of the integration that the EAC has attained in the recent past. For example, the EAC is now implementing a single customs territory, which means goods are cleared only once at the entry point. This has resulted in the drastic reduction of the period taken to clear goods from over 20 days to three to four days on the central corridor; from 21 days to four days between Mombasa and Kampala; and from 18 days to six days to Kigali on the northern corridor. Also, of the 15 borders earmarked to operate as one-stop border posts, 11 have now been completed. Similarly, we are now in a common market, with free movement of people, goods, and capital. Laws have already been enacted in our partner states to ensure that citizens enjoy these freedoms, moving and trading freely.
What obstacles do you foresee along the way to achieving a monetary union between EAC member states?
A high degree of economic convergence is important for individual countries planning to form a monetary union. This aspect is also important for the stability of the monetary union once formed. The loss of national monetary and exchange rate policies by individual partner states after the formation of a monetary union, and the likely constraints on national fiscal policy in the single currency area underline the importance of starting from a position in which such a loss of national discretion in macroeconomic policy can easily be borne and will not outweigh the benefit of introducing a single currency. The major challenge on the road to a monetary union is the fact that the economies of the EAC partner states are too divergent to guarantee a stable monetary union. The macroeconomic numbers for countries like South Sudan and Burundi, for example, are extremely different compared to that of Kenya. In order to promote economic convergence, EAC partner states have agreed on a set of four primary convergence criteria that must be attained and maintained for at least three years before joining the monetary union: a ceiling on headline inflation of 8%, reserve cover of 4.5 months of import, ceiling on the overall deficit of 3% of GDP, including grants, and a ceiling on gross public debt of 50% of GDP in net present value terms. Another challenge is the slow progress that is being made in establishing the key institutions to support the monetary union. For example, according to the East African Monetary Union (EAMU) roadmap, the East African Monetary Institute was supposed to be established by December 2015. However, this was not possible, partly due to the lengthy process of decision making of the community as stipulated in the EAC Treaty and also because some sectoral councils do not meet as frequently as required. The secretariat is doing its best to ensure adherence to the calendar of meetings.
East African Community Headquarters, Arusha, Tanzania, 7th February, 2018:
An Extra-Ordinary Sectoral Council on Trade, Industry, Finance and Investment (SCTIFI) started at the EAC Headquarters in Arusha, Tanzania today.
The three-day meeting started with the Session of Senior Officials which ends today to be followed by the Session of Permanent/Principal Secretaries/Undersecretaries which will take place on Thursday, 8th February, 2018. The meeting will conclude with the Session of Ministers or Cabinet Secretaries on Friday, 9th February, 2018.
Among the items on the agenda of the Extra-Ordinary SCTIFI are the: Deliberation on the long standing Non-Tariff Barriers to trade; Consideration of the two positions of ad valorem of 35% and specific duty rate of tariffs for used clothing under AGOA Out of Cycle Review, and; Consideration of the Update on EU-EAC Market Access Upgrade Project (MARKUP).
Also on the agenda of the meeting are the: Consideration of the EAC Trade and Investment Report 2016, and; adoption of the One Stop Border Posts (OSBP) Manual.
The meeting is being attended by delegates from all the six Partner States and officials from the EAC Secretariat.
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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.
East African Court of Justice Arusha, 7th February, 2018:
The EACJ Appellate Division heard an appeal filed by the East African Civil Society Organisations’ Forum against the Attorney General of Burundi and the Secretary General of the EAC challenging part of a decision of the First Instance Division delivered on 29th September 2016.
In the challenged judgment, the First Instance Division declined an invitation to interrogate a decision of the Constitutional Court of Burundi on eligibility of Mr Pierre Nkurunziza vying for Burundian Presidency for another term. The Court held among other things that, its primacy in the interpretation of the treaty does not extend to the interrogation of decisions of other Courts. That inquiring into decisions of other Courts would require the EACJ to exercise an appellate jurisdiction which it does not have.
Further ruled that, the independence of national courts is a paramount principle of the rule of law in the Treaty and the Court could not in upholding those principles interfere with that independence. With the foregoing, the Court ruled that it could not reopen the decision of the Constitutional Court of Burundi, to determine if the said decision was in line with either the Constitution of the Republic of Burundi, the Arusha Accord or even the Treaty.
The Appellant on appeal allege that the First Instance Division erred in law and urged the Appellate Division to reverse the decision of the First Instance Division. Mr. Donald Deya for the Appellant submitted that, the Court erred in law by disavowing the jurisdiction to review and/or quash the Judgment of the Constitutional Court of Burundi. According to Counsel, the Treaty under Articles 23 and 27 bestows upon this Court the jurisdiction to review any decision of any Court, organ or institution of a Partner State to ensure compliance with the Treaty.
Counsel argued that, in international law, an international court has jurisdiction to determine whether or not a decision of any organ of a State Party, including a judicial decision is in accordance with a state international obligations. Further, no exception is provided in international law for decisions made by judicial organs of a State Party including decisions of Supreme Courts. Otherwise, a State Party would be allowed to infringe its international obligations through its judicial decisions which is unacceptable.
Counsel contended further, that international law is very clear that an international court will apply its law to review the conduct/ action of any organ of a State Party. In so doing, the action of international court cannot be considered as an appeal or review of the decision of the municipal court as they would be applying different laws (international treaty law verse municipal law).
Counsel for the Appellant also submitted that the EAC Treaty does not distinguish between challenging the correctness of a decision and the due process followed to arrive at that decision. He added that the EACJ has jurisdiction to reopen decisions of national courts to decide whether or not such decisions are in line with the Treaty. Counsel concluded by arguing that the First Instance Division erred in law by failing to acknowledge that there were compelling reasons which motivated the Appellant seek to join the Secretary General of the EAC as a party to the proceeding.
Mr Nestor Kayobera, counsel for the 1st Respondent (Attorney General of Burundi), submitted that, the Court made a reasoned judgment and had not erred in law nor had they committed any procedural irregularities. Further argued, the Appellant could not pass the standard established under Article 35 A of the Treaty read together with Rule 77 of this Court Rules of Procedure, 2013. Finally stated that, the Court did not error in law by declaring there was no cause of action against the Secretary General.
Steven Agaba for the 3rd Respondent (Secretary General of the EAC), submitted that the Court did not commit any errors of law nor procedural irregularities as alleged by the Appellant. It was his submission that the Appellant did not comprehend the reasoning of the Court in the matter. Further, the Court correctly held that such remedies as to revise, review and quash the said decision of another court are only available upon appeal or review of the said decision.
Counsel contended that the Appellant has failed to show any Act, regulation, directive, decision or action that is unlawful or an infringement of the Treaty attributed to the 3rd Respondent.
The Respondents prayed for dismissal of the Appeal with cost. Judgment will be delivered on notice.
The matter came before the bench of the Appellate Division that includes Honourable Justices Dr. Emmanuel Ugirashebuja (Judge President); Justice Liboire Nkurunziza, (Vice President); Justice Edward Rutakangwa; Justice Aaron Ringera and Justice Geoffrey Kiryabwire.
Notes to Editors:
Article 23 of the Treaty:
The Court shall be a judicial body which shall ensure the adherence to law in the interpretation and application of and compliance with this Treaty.
The Court shall consist of a First Instance Division and an Appellate Division.
The First Instance Division shall have jurisdiction to hear and determine, at first instance, subject to a right of appeal to the Appellate Division under Article 35A, any matter before the Court in accordance with this Treaty.
Article 27 of the Treaty:
The Court shall initially have jurisdiction over the interpretation and application of this Treaty: Provided that the Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States.
The Court shall have such other original, appellate, human rights and other jurisdiction as will be determined by the Council at a suitable subsequent date. To this end, the Partner States shall conclude a protocol to operationalise the extended jurisdiction.
Article 35A of the Treaty:
An appeal from the judgment or any order of the First Instance Division of the Court shall lie to the Appellate Division on-
(a) points of law;
(b) grounds of lack of jurisdiction; or
(c) procedural irregularity.
Rule 77 of the Court Rules of Procedure, 2013:
An appeal from the judgment or any order of the First Appeals Instance Division shall lie to the Appellate Division on:
(a) points of law;
(b) grounds of lack of jurisdiction; or
(c) procedural irregularity.
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.
East African Community Headquarters, Arusha, Tanzania, 6th February 2018:
The first East African Community Civil Military Cooperation (CIMIC) activities prior to the Army Day in Uganda known as Tarehe Sita was held in Bukedi sub-region in Eastern Uganda.
The event, which was held under the theme Reaffirming the Contribution of the Armed Forces towards Regional Integration for our Strategic Security, Development and Prosperity, ran from 30th January to 6th February, 2018 and was in line with the decisions of the Sectoral Council on Cooperation in Defence held on 24th November, 2017 in Kampala, Uganda.
For the first time, the Armed Forces of Burundi, Kenya, Rwanda, South Sudan and Tanzania joined the hosts Uganda Peoples Defence Force (UPDF) during the weeklong Tarehe Sita activities.
Civil military activities were conducted by the medical and engineering contingents of all the forces in all the districts of Butaleja, Pallisa, Budaka, Kibuku, Tororo and Busia. The other UPDF formations and units including those deployed abroad carried out various activities in support of communities in their areas of operation.
The main celebrations were held today held today at Boma Grounds in Butaleja district and attended by, among others, Honourable Ministers of Defence from the Partner States; Principal/Permanent Secretaries of Defence; Members of the East African Legislative Assembly and Members of Parliament of Uganda; Chiefs of the Defence Forces from EAC Partner States; Members of the Diplomatic Corps; Service Commanders and General Officers; Defence Liaison Officers at the EAC Headquarters; Members of the Defence Forces Contingents of the EAC Partner States and the general public.
Addressing participants at the event, the EAC Secretary General Amb. Libérat Mfumukeko, who was represented by his Deputy in charge of Political Federation, Mr. Charles Njoroge, said the CIMIC week was held under the spirit of the EAC Protocol on Cooperation in Defence Affairs whose four pillars include military training, joint operations, technical cooperation, visits and exchange of information.
Mr. Njoroge disclosed that during the Sectoral Council on Cooperation in Defence meeting held on 16th November, 2012, the need to enhance Civil Military Cooperation by conducting CIMIC activities during respective Partner States’ Armed Forces Day was considered and approved.
The Secretary General further noted that during the meeting of 2nd December, 2016, the Sectoral Council directed that CIMIC activities prior to Partner States Armed Forces Day be organized once annually on rotational basis commencing in the Financial Year 2017/18.
Amb. Mfumukeko commended the Republic of Uganda and the UPDF for accepting to host the first EAC Armed Forces Day that was preceded by a week of CIMIC activities and involved the Armed Forces from the EAC Partner States.
He expressed gratitude to the support and leadership by the EAC members of the Summit of Heads of State, the Sectoral Council on Cooperation in Defence and the Heads of the Defence Forces for making the event a great success.
The Secretary General expressed appreciation to the Defence Forces for consolidating and spearheading the EAC integration agenda.
“The planning and execution of the CIMIC activities is a testimony to further strengthening the cause of East African Community unity, common defence, security, peace and development. It is also great inspiration to the people of East Africa to see members of the Armed Forces from different Partner States participating together,” said the Secretary General.
“We need unity, peace, stability and strength to defend our common interests as East Africans. This will in effect provide a conducive and attractive environment for investment and development and prosperity in the region. While partnership with the International Community is important, Africans and more so East Africans, we have to find lasting solutions to our own problems. To this effect, the EAC Cooperation in Defence offers such great scope and prospects,” added the Secretary General.
Notes to Editors
CIMIC activities are designed and conducted to support national development agenda, enhance civil-military cooperation, improve rural economic transformation, improve health, reduce poverty, conserve the environment and ensure food security in order to win the people’s hearts and minds. In this first edition, CIMIC activities were conducted in the fields of health and engineering services.
The East African region continues to be faced with real and potential complex emergencies, which can easily translate into threats to the social economic, cultural and political wellbeing of the people of East Africa. These threats range from natural to man-made disaster, poverty and disease, porous borders and proliferation of small arms and light weapons, internal strife, terrorism and insecurity in states neighboring the Community. These dangers to human life and development cannot be under estimated. It is for these reasons that it is very important to develop the East African Community’s capacity to handle such emergencies and threats.
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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.
East African Community Headquarters, Arusha, Tanzania, 5th February, 2018:
The 5th Meeting of the Sectoral Council on Environment started today at the EAC Headquarters in Arusha, Tanzania.
The five-day meeting started with the Session of Senior Officials which will run from 5th – 7th February, 2018 followed by the Session of Permanent/Principal Secretaries/Undersecretaries which will take place on 8th February, 2018. The meeting will conclude with the Session of Ministerial or Cabinet Secretaries on Friday, 9th February, 2018.
Among the items on the agenda are the: Consideration of the Implementation Status of the previous Sectoral Councils and Councils Decisions and Directives on Environment and Natural Resources; Consideration of Policy, Legal and Institutional Framework Matters; Consideration of Terrestrial Ecosystems Matters, and; Consideration of Aquatic Ecosystems Matters.
Also on the agenda are the: Consideration of Climate Change Issues; Consideration of Disaster Risk Reduction and Management Matters; Consideration of Pollution Control Issues, and; Consideration of Partnership Building and Resource Mobilization Initiatives.
Speaking during the opening session of the meeting, the EAC Deputy Secretary General in charge of Productive and Social Sectors, Hon. Christophe Bazivamo, said that the East African region was facing numerous environmental challenges that undermine efforts to improve the quality of life of citizens and attainment of sustainable developments objectives.
“Pollution, desertification, deterioration of aquatic and fresh water ecosystems, climate change and biodiversity loss have always been mentioned as the major ones,” said Hon. Bazivamo.
Hon. Bazivamo said that various initiatives in response to environmental challenges had implemented at the regional, national and local levels.
“At the regional level, the EAC Secretariat has been implementing environmental programmes in line with Chapters 15, 19 and 20 of the Treaty for the Establishment of the EAC. In this regard, a number of projects and programmes have been implemented in the region with the view of conserving and protecting the region’s environment and natural resources against all forms of pollution and degradation arising from developmental activities,” added the DSG.
Hon. Bazivamo noted that the effective natural resources management had been given a high priority in the EAC Vision 2050.
“As well spelt out in the 5th EAC Development Plan, this action will include, among others, programmes that will bear tangible impact to the livelihood of the people of the EAC such as sustainably protecting water bodies, water catchment areas and wet lands, and provision of water in arid and semi-arid areas of the EAC region, raising awareness of the importance of the shared water resources, promote climate change resilient crops, animals and fisheries,” said Hon. Bazivamo.
Other programmes include promoting planting of trees with high economic value to protect water in lakes, rivers and wetlands and water catchment areas, and to strengthen the capacity of local communities and governments to reduce and manage disaster risks.
The Session of Senior Officials which brings together delegates from all the six EAC Partner States is being chaired by Mr. Mugabi Stephen David, the Commissioner of Environment Sectors Support Services, Ministry of Water and Environment, Uganda.
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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.
East African Community Headquarters, Arusha, 31st January , 2018:
The Secretary General of the Common Market for Eastern and Southern Africa (COMESA), H.E. Sindiso Ngwenya has confirmed Burundi is ready to host the upcoming 20th Summit coming off in the capital, Bujumbura.
He flew into the country last week to monitor how far Burundi is prepared. Iwacu, a local online publication quotes Ngwanya assuring the press that Burundi had qualified to host the mega event.
“We come to finalize everything related to the hosting of COMESA Summit scheduled from 18th to 19th April 2018,” Ngwenya told journalists adding that the Summit will be preceded by the meeting of Ministers of Foreign Affairs.
In the 17th COMESA Summit that was held in Kinshasa, DRC in February 2014, Member States agreed that it would be the turn for Burundi to host the 20th Summit. ‘Any member of COMESA has a chance to host the Summit. Our job is to make arrangement and make sure the Summit is successful,” said Ngwenya.
He said he is satisfied that preparations are underway. “We have agreed that Burundi would prepare hotels and all the support required. Everything is ready. That is the reason why I am smiling,” he told journalists.
Mr Ngwenya mentioned that Tunisia will be admitted as the 20th Member State of COMESA during the upcoming Summit. “We will also authorize Somalia to come back to COMESA since it is one of the founder members of Preferential Trade Area (PTA), and it has been with us,” he says. He expects that COMESA will have 21 Member States after the Summit.
“In July 2017, the COMESA Secretary General had refused the holding of the Summit in Burundi. In a letter sent to the Burundian government, Sindiso Ngwenya argued that Burundi did not fulfill the required conditions to host the Summit.
Among the reasons provided was that Burundi did not have an adequate vehicle pool to ensure the transportation of VIPs, including Heads of State,” Iwacu reports.
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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.
East African Legislative Assembly, Kampala, Uganda: January 30th 2018:
EALA at Plenary this morning approved Members to its six Standing Committees. In accordance with the provisions of Rules 79 and 80 of the Rules of Procedure, the Members are to serve in the respective Committees for a period of two and a half years to enable the Assembly to effectively discharge its functions.
Each Committee has 18 Members and each Member belongs to at least two Committees. The six Committees are the Accounts, Agriculture, Tourism and Natural Resources (ATNR) and the that of Communication, Trade and Investment (CTI). Others are the General Purpose Committee (GPC), the Legal Rules and Privileges Committee and the Committee on Regional Affairs and Conflict Resolution (RACR).
The motion to appoint the Members of the Standing Committee was moved by Hon Maryam Ussi and seconded by Hon Arol Garang Gabriel and Hon Susan Nakawuki Nsambu. The resolution avers that in accordance with the provisions of Section 4(b) of the Administration of EALA Act, 2012 and Rule 83(5)(b) the Commission nominates Members of Standing Committees, a move that took place in December 2017.
Prior to the move, another motion moved by Hon Fancy Nkuhi sought to suspend Rule 80(6) of the Rules of Procedure to provide for the appointment of all Members to the House. At the moment, the Rule provides for only 15 Members of the House – which negates the principle of Rule 80 (5). Currently, there are six Partner States with the recent entry of the elected Members from the Republic of South Sudan. Consequently, the Members agreed that the suspended rule be referred to the Committee on Legal Rules and Privileges for further scrutiny and amendment therefrom. The motion received support on the floor of the House.
Immediately thereafter, the Members elected respective Chairpersons to the Committees to preside over their activities. Hon Dr Jumanne Ngwaru Maghembe will chair the Accounts Committee, Hon Deng Gai, the Communications, Trade and Investment Committee and Hon Mathias Kasamba, the Agriculture, Tourism and Natural Resources Committee. The General Purpose Committee is to be chaired by Hon Abdikadir Aden while Hon Amb Fatuma Ndangiza will chair the Legal Rules and Privileges Committee. On his part, Hon Victor Burikukiye shall preside over the Regional Affairs and Conflict Resolution Committee.
The Committees are set to benefit from a three-day induction process beginning this afternoon.
Article 49(2)( e) provides that the Assembly may for purposes of carrying out its functions, establish any Committee or Committees for such purposes as it deems necessary.
NOTE TO EDITORS
The following are the Members of the various Committees:
ACCOUNTS COMMITTEE
MUHIA Wanjiku
ADEN Omar Abdikadir
KALONZO Musyoka Kennedy
KIMBISA Adam Omar
Dr. MAGHEMBE Ngwaru Jumanne
NKUHI Fancy Haji
LUGIKO Happiness Elias
GARANG Alaak Gabriel
Dr. AROL Garang Aher Gabriel
AYASON Mukulia Kennedy
GASINZIGWA Oda
RWIGEMA Pierre Celestin
BARIMUYABO Jean Claude
AKOL Rose
NAMARA Dennis
NAKAWUKI Susan Nsambu
RURAKAMVYE Pierre Claver
NDUWAYO Christopher
BURIKUKIYE Victor
AGRICULTURE, TOURISM AND NATURAL RESOURCES COMMITTEE
NOORU Adan Mohammed
ALI Ibrahim Fatuma
Dr. OBURU Oginga
LEMOYAN Josephine Sebastian
Eng. MNYAA Mohammed Habib
KIMBISA Adam Omar
Dr. LEONARDO Itto Anne
Dr. AROL Garang Aher Gabriel
Dr. WODA Odok Jeremiah
BAHATI Alex
RWIGEMA Pierre Celestin
UWUMUKIZA Francoise
KASAMBA Mathias
OPOKA-OKUMU Christopher
MUGYENYI Mary
NSAVYIMANA Sophie
AHINGEJEJE Alfred
KARERWA Mo-Mamo
COMMUNICATION, TRADE AND INVESTMENT COMMITTEE
ABURI Mpuru Lawrence
MBUGUA Nganga Simon
SERGON Jematiah Florence
LUGIKO Happiness Elias
Eng. MAASAY Pamela Simon
Eng. MNYAA Mohammed Habib
THOAR Gatpan Gideon
DENG Gai
Dr. WODA Odok Jeremiah
RUTAZANA Francine
BAHATI Alex
BARIMUYABO Jean Claude
MUKASA Mbidde Fred
MUSAMALI Mwasa Paul
KASAMBA Mathias
RURAKAMVYE Pierre Claver
NSAVYIMANA Sophie
BURIKUKIYE Marie Claire
GENERAL PURPOSE COMMITTEE
ADEN Omar Abdikadir
NOORU Adan Mohamed
SERGON Jamatiah Florence
Eng. MAASAY Pamela Simon
Dr. MAKAME Abdullah Hasnuu
USSI Yahya Maryam
GATKEK Dut Thomas
DUOP Kim Gai Ruot
AYASON Mukulia Kennedy
Dr. KALINDA Francois Xavier
GASINZIGWA Oda
UWUMUKIZA Francoise
NAMARA Dennis
ODONGO George Stephen
OPOKA-OKUMU Christopher
KARERWA Mo-Mamo
NDUWAYO Christopher
NZEYIMANA Leontine.
LEGAL, RULES AND PRIVILEGES COMMITTEE
ALI Ibrahim Fatuma
KALONZO Musyoka Kennedy
MUHIA Wanjiku
LUGIKO Happiness Elias
USSI Maryam Yahya
LEMOYAN Josephine Sebastian
Dr. LEONARDO Itto Anne
DENG Gai
DUOP Kim Gai Ruot
NDANGIZA Fatuma
KALINDA Francois Xavier
RUTAZANA Francine
MUKASA Mbidde Fred
MUSAMALI Mwasa Paul
NAKAWUKI Susan Nsambu
AHINGIJEJE Alfred
MUHIRWA Jean Marie
BURIKUKIYE Marie Claire
REGIONAL AFFAIRS AND CONFLICT RESOLUTION
ABURI Mpuru Lawrence
Dr. OBURU Oginga
MBUGUA Nganga Simon
Dr. MAGHEMBE Ngwaru Jumanne
Dr. MAKAME Abdullah Hasnuu
NKUHI Fancy Haji
THOAR Gatpan Gideon
GATKEK Dut Thomas
GARANG Alaak Gabriel
NDANGIZA Fatuma
RWIGEMA Pierre Celestin
RUTAZANA Francine
MUGYENYI Mary
ODONGO George Stephen
AKOL Rose
MUHIRWA Jean Marie
BURIKUKIYE Victor
NZEYIMANA Leontine.
Section 4 of the EALA Administration Act
Under Section 4 and Rule 83(4) (b) of the Rules of Procedure, the Commission is charged with the responsibility of nominating Members of Standing Committees.
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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.
East African Legislative Assembly, Kampala, Uganda: January 27th 2018:
Eminent East Africans have stepped up calls for further strengthening of the regional Assembly and the integration process as the week-long induction programme of the new Members ended in Kampala.
The Speaker Emeritus (2nd Assembly) of EALA, Rt Hon Abdirahin Abdi challenged the 4th EALA to push for its autonomy if it is to effectively undertake its mandate. Rt Hon Abdi is categorical that administrative and financial autonomy will give the regional Assembly the much- needed impetus and space to drive the integration process.
In his paper entitled, “Thoughts and Experiences, Lessons learnt and recommendations about the operations of EALA and the EAC in General”, Rt Hon Abdi implored the legislators to take advantage of the provisions of the Treaty in the quest to re-energise the workings of EALA. “I urge you to generate your own work and to demand Council reports in line with Provisions of Article 49(2) (d) and 59 of the Treaty”, he said.
The former Speaker also added that the decisions of the Assembly were determined by majority vote and thus EALA should not be bogged down by the principle of consensus.
The former Speaker who presided over EALA during the period June 2007-2012, told the legislators not only to prioritise key activities – but to allocate the resources in the same direction.
On his part, immediate former Speaker of the 3rd Assembly, Rt Hon Daniel F. Kidega called on new Members to spend time on research in order to effectively contribute to the debates in the house from a standpoint of information. He reiterated the need for Members to effectively utilize the Committees – which he said, make significant contribution to the work of the Assembly.
He maintained that as a regional legislature, it was necessary for Members to avoid taking country positions in the debates but rather to embrace the regional standpoint. “The idea of integrating EAC and the region must always be the bigger picture”, Rt Hon Kidega said.
Rt Hon Kidega also urged the new legislators to embrace financial discipline and decorum in their work.
Addressing the House, former EAC Secretary General, Hon Amanya Mushega said the original EAC took off on a sure footing – but various reasons hinged on different political ideologies led to its collapse. “The memories of the old Community however lingered on since there were real tangible benefits”, he said, leading to efforts to revive it. Other factors such as globalization, the need for wider markets as well as the historical and political ties also played a key part in revival strategies, Hon Mushega stated.
The former Secretary General called for inculcation of confidence building measures as a stepping stone to real integration and said the Community is supposed to be people-centred and private sector driven. He however lamented that more needs to be done to spark a conducive environment for the private sector to thrive. Hon Mushega also said the dictates of good governance and adherence to universal principles of human rights should be adhered to.
On the question of whether the current EAC is on track, the former Secretary General retorted that: for the better part, the EAC had remained on track. However, the question of timing and speed was of the essence.
Other personalities who addressed the House were, Hon Dora Byamukama, former Member whose remarks delved on the practical application of the Rules of Procedure by Members and experiences in introducing Private Members’ Bills, while the former EAC Principal Legislative Draftsman, Lawrence Kamugisha spoke on Understanding the Laws of the East African Community.
Yesterday, EALA Members are in West Nile Arua district to join on the occasion of the 32nd NRM Liberation Day. H.E. President Yoweri Museveni led the celebrations.
NOTE TO EDITORS
Article 49(2) (d) of the Treaty for the East African Community states that:
The Assembly shall discuss all matters pertaining to the Community and make recommendations to the Council as it may deem necessary for the implementation of the Treaty.
Article 59 (1) States that
Subject to the rules of procedure of the Assembly, any member may propose any motion or introduce any Bill in the Assembly:Provided that a motion which does not relate to the functions of the Community shall not be proposed in the Assembly, and a Bill which does not relate to a matter with respect to which Acts of the Community may be enacted shall not be introduced in the Assembly
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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.
East African Court of Justice Arusha, 26th January 2018:
The First Instance Division granted an interim injunction to the British American Tobacco (BAT) (Uganda) Limited, restraining and prohibiting the Government of Uganda and the Uganda Revenue Authority from collect excise duty due to discriminatory rates, pending hearing and determination of the Reference.
The Court in its ruling further stated that it was aware that the interim injunction in this case would inhibit the URA’s right to collect the additional duties billed to the Applicant, however, that the right must be weighed against the injustice of leaving the Applicant company to bear the brunt of a possibly misconstrued law that could indict it to the payment of exorbitant funds in excise duty pending the determination of the case.
The Applicant in its Application stated that, the Act is discriminatory in as far as it imposed a higher excise duty rate on goods imported into Uganda from Kenya and imposed a lower rate on goods manufactured in Uganda. BAT contended that goods from the East Africa Community be given equal treatment.
The Court also took the view that the justice of the matter dictates that the Respondent would suffer less injury from being temporarily prevented from exercising its right to collect the extra excise duty billed to the Applicant if the interim orders sought in the present Application were granted, than the injury the Applicant stands to suffer as the consequence of paying the additional duty.
BAT Uganda Limited (the Applicant), filed a case before the Court challenging the legality of the excise duty (Amendment) Act No. 11 of 2017 which was enacted in July 2017. The Applicant argues that the act contravenes the Treaty, the Customs Union and the Common Market Protocols for the Establishment of the East African Community. The Applicant contends that the Act infringes Article 6(d), (e), 7(1) (c) 75(1), (4), (6) & 80(1) (f) of the Treaty, Articles 15 (1) & (2) of the Customs Union Protocol, as well as Articles 4,5, 6 & 32) of the Common Market Protocol.
In his Application, BAT submitted that in 2014, Uganda enacted the Excise Duty Act No. 11 of 2014, which among other things, made provision for an excise duty on cigarettes that uniformly applied to all such goods originating from any of the EAC Partner States. However in 2017, the said Act was amended to create a distinction between locally manufactured goods and imported goods.
Under the Amended Act, whereas the Applicant’s goods were initially treated as locally manufactured goods, they were subsequently re-classified by URA to be goods from a foreign country on account of their originating from Kenya, and subjected to the applicable excise duty.
BAT hence filed the Reference challenging the legality of sections 2(a) and (b) of Uganda Excise Duty in question.
The Ruling was delivered by Hon. Lady Justice Monica Mugenyi (Principal Judge).
Mr. Peter Kauma, representing the Applicant, Ms. Margret Nabakooza, Mr. Richard Adrole representing the Respondent, the Attorney General of Uganda, were all present to receive the ruling of the Court.
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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.
East African Court of Justice Arusha, 26th January 2018:
The First Instance Division dismissed a preliminary objection raised by Attorney General of the United Republic of Tanzania challenging the Local Councils (LCs) of four (4) Village Councils in Ngorongoro Region in Arusha, blocking them to sue the Government over a land eviction dispute.
The Attorney General had argued that the Applicants (Village Councils) don’t have the requisite authority to institute the case at the East African Court of Justice against the Government. The Court in its ruling determined that the Village Councils have the Legal capacity to sue the government of Tanzania before this Court because it is a body corporate.
The Court in its ruling further said that Article 30(1) of the Treaty and Rule 17(3) & (5) of the Court gives locus stand before this court to a Village Council which is a body corporate in the terms of Article 26(2) of the Local Government of (District Authorities) Act, 1982.
The Court further ordered that the Application by the Ololosokwan Village Council and three (3) others, which was being challenged, be fixed for hearing. The Application is seeking Court to issue an interim order restraining and prohibiting the Government of Tanzania, from evicting the Applicants (Village Councils) from the disputed land and confiscating livestock grazing on the disputed land, until the main case filed before this Court is determined.
On 5th August, 2017, the Government of Tanzania through the Ngorongoro District Commissioner wrote a letter to the Applicants giving them five days to vacate land bordering the Serengeti National Park, and that the eviction, removal of livestock and the burning of bomas took place on land that legally belongs to the Applicants.
The Applicants argue that the Respondent’s foresaid impugned actions contravened and violated the Constitution of the United Republic of Tanzania, Village Land Act 1999 and Wildlife Conservation Act, 2009 as well as the Treaty for the Establishment of the EAC, Articles 6(d) and 7(1) of the Treaty.
The Applicants are Ololosokwani Village Council, Oloirien Village Council, Kirtalo Village Council and Arashi Village Council.
Present in Court were some members and heads of the Village Councils to receive the Ruling of the Court with their Advocate Mr. Donald Deya and Mr.
NOTES FOR EDITORS:
Article 30(1) of the Treaty provides that, “any person who is a resident in a Partner State may refer for determination by the Court, the legality of any Act, Regulation, Directive, Decision or action is unlawful or is an infringement of the provisions of this Treaty”
Article 26(2) of the Local Government of (District Authorities) Act, 1982reads as follow; “Upon the issue of a certificate of incorporation in relation to a village council of the village in question shall, with effect from the date of that certificate, be a body corporate and shall. (…), (b) in its incorporate name, be capable of suing or being sued.
Rule 17(3) of the Court Rules, it states that “a corporate or company may either appear by its director, manager, or secretary, who is appointed by resolution under the seal of the corporation or the company, or may be represented by an advocate”
Rule 17 (5)of the Court provides that: The advocate for a party shall file with the Registrar a certificate that he or she is entitled to appear before a superior court of the Partner State”
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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.
