East African Court of Justice; Arusha, Tanzania; 06 February 2017:
The First Instance Division on Friday last week delivered a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community.
The Court in its judgement declined to grant the orders to reinstate Hon. Margaret Nantongo Zziwa to the position of the Speaker of the East African Legislative Assembly (EALA).
The Court said that, its mandate is to interpret and apply the Treaty as it is stated under Article 23 and 27 of the Treaty for the establishment of the EAC within the Principles set out in Articles 6, 7 and 8 of the Treaty. Further that one of the principles in Article 6 (d) which is that of democracy and rule of law, which necessarily include the principle of separation of powers and therefore it cannot be seen directing EALA on how it should conduct its business hence it was unable to grant the order.
Also the Court declined to grant orders on special and general damages to the Applicant, it found out that the Applicant have contravened Rule 9(6) of the Assembly’s Rules of Procedure, which action might have triggered other actions, some patently unlawful. Still that she (Hon. Zziwa) cannot then be seen to benefit from her role in the procedural impasse that dogged the Assembly. Rule 9(6) states that; “The Speaker in respect of whom proceedings for removal have commenced shall not preside over the proceeding”
The Court added that given the interpretative jurisdiction of the Court as depicted in Article 23 and 27 of the Treaty. That it found no legal provision in this Court’s Rules of Procedure for the award of damages as a remedy. The Applicant had asked Court an award of special damages in form of loss of earnings of a salary of USD 6,700 per month and housing allowance of USD 3,000 per month, plus other allowances and financial benefits.
The Court further declined to grant an award of costs in the matter, that the Applicant’s flout of Rule 9(6) of the Assembly by presiding a matter in her own cause and that her conduct as the steward of the Assembly, could have triggered the unfortunate series of the events of her removal. Court ordered each party to bear its own costs.
However, on the other hand the Court also declared that the sitting of the Assembly on 26th November 2014 presided over by a temporary Speaker, an entity and office unknown to the Treaty and the Rules of Procedure of the Assembly was unlawful and violated Article 56 of the Treaty. Article 56 states that; “Presiding in the Assembly; a) the Speaker of the Assembly; or b) in the absence of the Speaker of the Assembly, such elected member of the Assembly as the elected members may elect for the sitting”
In addition to the above, the Court also found that the Committee on Legal Rules and Privileges, in allowing Members of the Assembly who initiated the motion for removal of the Applicant to sit and determine whether she should in fact be removed, violated the basic rules of natural Justice that an accuser cannot also be the judge in proceedings against the accused. Further that any real or perceived bias on the part of the Committee invalidated its proceedings. The Court added that having made the findings regarding the composition of the Committee and its proceedings, it follows that its report, whatever the merit thereof, was rendered invalid.
The judgement was delivered by the Honourable Judges of the First Instance Division, these include; Hon Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
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For more information, please contact:
Yufnalis Okubo Registrar East African Court of Justice Arusha, Tanzania Tel: 255-27-2162149 Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 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.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
A one-day meeting between the East African Community (EAC) Secretariat and the United States Agency for Development (USAID) on the operationalization of the five-year Regional Development Objectives Grant Agreement (RDOAG) kicked off at the EAC Headquarters in Arusha, Tanzania today.
USAID granted EAC US$194 million under the RDOAG which was launched in November last year, monies that will be spent on shared development goals over the next five years.
Speaking during the opening session of the meeting, USAID Deputy Mission Director for Kenya and East Africa, Ms. Candace Buzzard, said the RDOAG provides for: changes in the way USAID will do its business; strengthen USAID-EAC Partnership; stronger collaboration, coordination and communication, and; institutional strengthening.
Ms. Buzzard said USAID will coordinate more closely with the EAC to ensure better delivery of project goals. In his remarks, EAC Secretary General Amb. Libérat Mfumukeko noted that USAID’s gesture had sent a strong signal of its desire to support the Community attain its goals.
Amb. Mfumukeko said the USAID contribution would enable the Community to achieve many things. Out of the US$194 million, about US$30 million will finance institutional strengthening within the EAC Secretariat while the remainder will support other development partners in their efforts to contribute to the EAC regional integration agenda.
Among the sectors to be funded under the RDOAG include health, environment and natural resources, climate change, trade, security of populations and energy.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
The Food and Agriculture Organization (FAO) of the United Nations and the East Africa Community (EAC) have signed a Grant Agreement intended to promote urban and rural agriculture and agribusiness to improve youth employment in the region. The total budget of the Grant is US$ 440,000 for one year.
The agreement, which took place on the margins of the 28th African Union Summit themed “Harnessing Africa’s Demographic Dividend by Investing in Youth”, was signed by Amb Libérat Mfumukeko, the Secretary General for EAC and Dr. Patrick Kormawa, the Subregional Coordinator for Eastern Africa and FAO Representative to the AU and UN Economic Commission for Africa. The EAC Deputy Secretary General for Political Affairs, Mr. Charles Njoroge accompanied Amb. Mfumukeko during the brief ceremony held at the AU Headquarters.
The agreement allows FAO and EAC to find a path for young people to secure decent work opportunities, as well as explore innovative e-business models in the agricultural sector.
Amb. Mfumukeko in his remarks highlighted the positive impact of the agreement by saying “the cooperation with FAO was long overdue, and the current support will go a long way in addressing pertinent issues in East Africa where agriculture is the way of life.”
Despite relatively high economic growth in the Partner States of the East African Community (EAC), youth unemployment remains a great concern for the region, as it slows down economies and causes social problems.
The two institutions have the tools to respond to unemployment in the EAC region. FAO has developed the expertise on youth, agriculture, livelihoods and migration. EAC, on its part, has prepared its Youth Policy, a corner stone for many emerging public and private initiatives.
Dr. Kormawa, in his address, emphasized the role of the partnership on youth “This Technical cooperation project (TCP) addresses one of the most pressing issues of job creation for youth in the sub region, we at FAO believe that youth employment in agriculture and agribusiness is a way of lifting a significant number of youth out of unemployment and poverty”, he stated.
The agreement aims to enhance the capacity of the target countries and the EAC Secretariat to develop and implement youth-in-agriculture initiatives and to improve the East African youth’s access to information, resources and employment opportunities in the agricultural sector.
Key activities of the new intervention would include the development of a sub-regional strategy and country action plans for promoting decent employment for youth in the agricultural sector; the elaboration of a framework for sustainable youth employment initiatives, the dissemination of best practices, business models and opportunities for youth, and the support to scaling e-business models in agriculture.
The First Instance Division on Friday 3rd February 2017, will deliver a judgement in the case filed by Hon. Margaret Nantongo Zziwa versus the Secretary General of the East African Community. Hon. Zziwa’s case alleges that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.
Hon. Zziwa was the then elected Speaker of the EALA, after her impeachment, the Assembly elected Hon. Daniel Kidega as the Speaker for EALA up to date.
The Court heard the court oral evidence from witnesses for both parties’ witnesses (the Applicant and Respondent) from 26th to 29th July 2016. Also court heard oral highlights of written submissions by counsels for the parties on 21st November 2016 that concluded the hearing of the case. The judgement will be delivered by the Honourable Judges of the First Instance Division; these are; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.
On 15th February, the Appellate Division will also resume sessions which will go up to 28th February 2017. Only four appeals will come up before the Court for scheduling conferences and hearing. All appeals will be brought before the Honourable Judges of the Appellate Division; Dr. Justice Emmanuel Ugirashebuja (President), Justice Liboire Nkurunziza (Vice President), Justice Edward Rutakangwa, Justice Aaron Ringera, and Geoffrey Kiryabwire.
On 28th February the First Instance Division, will again continue with the sessions up to 30th March 2017. A number of cases will come up for hearing, scheduling conferences and delivery of rulings and Judgments. These include; 5 hearings, 4 scheduling conferences, 2 rulings, 1 Judgement and other 2 matters.
The Court seats for a month every quarter due to the ad-hoc nature service of the Judges. Currently the President and the Principal Judge of the court are the only resident Judges in Arusha, other Judges come only when there are sessions or other court business.
All matters will be in open Court 2nd Floor EACJ wing.
The meeting of the East African Community Sectoral Council on Trade, Industry, Finance and Investment (SCTIFI) kicked off at the EAC Headquarters in Arusha, Tanzania today.
The SCTIFI meeting which will run from 30th January to 3rd February, 2017 has drawn participants from all EAC Partner States namely Burundi, Kenya, Rwanda, South Sudan, Tanzania and Uganda.
The five-day meeting which began with the Session of Senior Officials will also include the Session of the Coordination Committee (comprising Permanent/Principal Secretaries) and culminate with the Session of Ministers.
High on the agenda of the meeting are the consideration of Progress Reports on: the EAC Single Customs Territory; the Development of a Framework for the EAC Customs Bond, and; the Development of the Customs Valuation and Risk Management System.
The meeting will also consider: Proposed EAC Information System for Customs and Trade; Report of Experts on Chapter 15 of the Revised EAC Rules of Origin; Development of Product Identification Bulletins; Progress Report on the Comprehensive Review of the EAC Common External Tariff and EAC Rules of Origin, and; Draft Regulations on Motor Vehicle Assembly within the region.
EALA has enacted two pieces of legislation. The EAC Prohibition of FGM Bill, 2016 and the Administration of the East African Court of Justice Bill, 2016, sailed through as the House adjourned.
The EAC Prohibition of FGM Bill, 2016, moved by Hon Dora Byamukama, is seen as critical in outlawing the cultural practice. The Bill states that the culture of FGM brings with it a number of complications including early child marriage and defilement and health complications that sometimes lead to transmission of HIV and AIDS, death and injuries to those who bear the practice.
The enactment of the Bill was preceded by the adoption of the Report of the Committee on Legal, Rules and Privileges on the Bill. The Report was presented by Hon Martin Ngoga on behalf of the substantive Chair, Hon Peter Mathuki.
The Committee noted in its findings that the practice of Female Genital Mutilation persists in some communities such as the Kadama and Tepeth of Uganda, the Pokot and Mount Elgon Maasai (Sebeny and Kalenjin) of both Kenya and Uganda, the Maasai from Tanzania, as well as the immigrants including the Somali and Ethiopian Communities.
The Committee further observed that the practice of FGM is a cross-border practice which requires co-operation and collaboration of EAC Partner States in order to effectively implement the law and eventually eliminate it.
In its methodology, the Committee reviewed literature relating to FGM on the one side and considered stakeholders’ views from the Consultative meetings on the Bill held during the 3rd Sensitisation program held in the Partner States from 27th October to 7th November, 2016.
The Report was supported by Hon Dr Martin Nduwimana, Hon Susan Nakawuki, Hon Shyrose Bhanji and Hon Tiperu Nusura.While addressing EALA at A Special Sitting on January 17th, 2017, H.E. Yoweri Museveni castigated those who practice FGM terming it as an outdated cultural practice.
The second Bill, the Administration of the East African Court of Justice (EACJ) Bill, 2016 also sailed through. The Bill moved by Hon Chris Opoka seeks to operationalize the provisions of the Treaty relating to the EACJ, to strengthen its judicial independence, establish structures of administration and provide for employment and disciplinary control of the Court’s employees and other matters incidental to the Court.
The Legal and Privileges Committee reviewed literature related to the Court and held interactive discussions with the mover and the Registrar of the EACJ, His Worship, Yufnalis Okubo.
The Committee observed that the Bill would strengthen judicial independence of the EAC and promote the separation of powers within the EAC.
Judicial independence is one of the fundamental elements of a successful democracy and cannot be achievable if the independence is undermined.The Council of Ministers did grant financial and administrative autonomy to the Court and the Assembly therefore a Bill of this nature would enable the Court to attain autonomy.
Supporting the Motion were Hon Abubakar Zein and Hon Taslima Twaha.
EALA is calling for the completion of the ratification process of the EAC Peace and Security Protocol and its full implementation including the setting up of the EAC Security Council, the stand-by force, the Panel of the Wise and related institutional capacities and structures.
Consequently, the Assembly is recommending to the EAC Council of Ministers to ensure the operationalization of its (Council of Ministers) previous decisions including re-instating and directing that staff of the East African Community – African Peace and Security Architecture (EAC-APSA) structures are mainstreamed on the EAC Structures and payroll thereof.
The House also further recommends that the EAC Secretary General works closely with the African Union Structures to strengthen the EAC-APSA structures. It calls for the Secretary General to adopt a consultative leadership style and team work guided by principles of good governance within the Community. With that, the operationalization of the East African Parliamentary Institute is deemed to be of absolute necessity. Specifically, work to establish the East African Parliamentary Centre for peace and security as part of the institutional framework under EAPI is also vital.
The Assembly adopted the report of the Committee on Regional Affairs and Conflict Resolution on the Public hearings on the complaints raised in a motion for the Peace and Security Department at the EAC Secretariat under the African Peace and Security Architecture. The report was presented to the House by Hon Mike Sebalu on behalf of the substantive Chair, Hon Abdullah Mwinyi.
The report follows the adoption of a resolution on August 23rd, 2016, at its 136th Sitting in Arusha that required investigations on allegations of bad governance at the EAC Secretariat with reference inter alia to attempts to terminate the contracts of staff of the EAC APSA Programme. To this effect, the Speaker of EALA referred the matter to the Committee on Regional and Conflict Resolution to investigate the allegations and report back expeditiously to the House.
The EAC-APSA structures according to the Report are part and parcel of the African Union Peace and Security Frameworks, a Standing Organ of the African Union. Essentially, APSA encourages all the eight RECs to have Peace and Security Councils. At the moment only the SADC and ECOWAS blocs have the Peace and Security Councils with the other blocs (EAC included) having the dockets.
According to the report, APSA has a roadmap with three phases (2008-2010 which concentrates efforts on capacity building, phase 2 (2011 – 2013), on operationalization of the pillars and 2016 – 2018).
In June 2016, the Report states, the Secretary General gave instructions to the Director of Human Resources and Administration to terminate the contracts of APSA staff due to lack of funds to sustain their continued employment, the matter of which primarily led to the public hearing.
Hon Sebalu informed the House the Committee served notices to 22 persons comprising of the Chair, Council of Ministers, EAC Secretary General, Executives of the EAC and the affected staff.
The Committee further observed that APSA is an important institutional framework, critical to peace, security and stability in Africa and globally. It therefore stated the decision making of the Secretary General on the matter of termination of APSA staff were not done in accordance with the Rules and regulations of the EAC staff and by extension, the shut-down of the EAC-APSA structures was down without required procedures of termination.
The House was informed some of the aggrieved staff headed to the East African Court of Justice to seek redress in the matter which further complicated the matter for the Counsel to the Community. The Council of Ministers however, intervened and pronounced itself on the matter directing the Secretary General of the Community to rescind the decision and to amicably settle the matter out of Court.
The Committee in its findings reiterated a number of negative impacts premised on the decision to terminate the EAC APSA staff. Such include; immobilizing the Conflict Early Warning system that us design to aid the Community to progressively address situations that can lead to timely intervention to peace and compromising the competencies, nurtured and built over years on matters of peace and security.
During debate, Hon Francois Kalinda reiterated that the procedure of termination of staff was not followed. “The Secretary General needs to recommend to the Council based on the Human Resources Advisory Committee which was not done”
Hon Bernard Mulengani stated that decisions of the Council of Ministers need to be adhered to by the Secretary General who is the Chief Executive of the Community. The Executive should also listen to the advice of the Counsel to the Community who is the legal Advisor of the Community. The legislator demanded to know why the staff of the APSA Programme were yet to be mainstreamed in to the structure of the EAC.
He called for the amendment of the Treaty by the Summit of EAC Heads of State to vet the political appointees.Hon Dora Byamukama termed peace and security as a key component of the Community and such architecture feeds into the continental level. “We must take this aspect very seriously”, she said, adding the handling of the termination was perturbing.
The Council of Ministers need to tell us the action so far taken in terms of ensuring the security of the staff of APSA and the withdrawal of the case. She said funding was important for the Programme and requested to know if the EU funding was sustainable. “At ECOWAS, the APSA Programme is fully funded by the regional bloc. I think it is high time we took up the structure as part of the EAC funding”, she said.
Hon Emmanuel Nengo said liquidity issues continued to hamper the activities of the Community. “I think the exercise we have gone through shall help the Executive to improve work”, he said. The Legislator further said the open source (form of acquiring information) at the Early Warning Systems at the EAC may not be objective at all times and asked for Offices to be opened in each Partner State.
Hon Jean Marie Muhirwa said Peace and security were vital for progress in the region. He said funding and staffing were key to ensure sustenance of the programme. “Funding needs to be secured”, he said.
On his part, Hon Abubakar Zein noted that the Chairperson of Summit on the EAC Heads of State was clear that issues of governance must be upheld while Hon Martin Ngoga said scrutiny was now a way of life in the Community. “We must not allow anyone to act as they wish, otherwise it would disintegrate the Community”, he said.
He said it was necessary for the Assembly to remain objective in line with the Rules and Procedures if it is to be of service to the Community.Hon Angela Kizigha said the Community is rule based in line with Article 6 of the Treaty for the Establishment of the EAC. “The decision by the Secretary General contravened the Rules and regulations of the Community. All decisions taken must be in line with Article 6”, she added.
Hon AbuBakr Ogle stated that Members had taken an Oath to serve the Community and the interests of the bloc should take precedence over all matters. He reiterated the need for the Executive to engage in consultative leadership
“At the moment, there is litigation in the matter pending before the East African Court of Justice and is expected to resume in March 2017” the Counsel to the Community, Hon Dr Anthony Kafumbe said. “I am confident that the matter shall be settled amicably and come to some settlement before then”, he added.
The Secretary General of the EAC, Amb Liberat Mfumukeko, said his action was done in good faith, adding that funding was indeed a challenge for the Community. He said the APSA Project as at April 2016, had a deficit of over USD 300,000 and the Community was indeed giving money to the project at that time.
He said the Executives, heads of Institutions and staff had been consulted during a consultative meeting in May 2016. “Further to that, under staff Rules 37, the Secretary General is advised by a Committee that includes the Deputy Secretary General, the Counsel to the Community and the Directors of Finance and Administration and Human Resources among others” he stated.
He remarked that letters of rescinding their termination were however written on the recommendations of the Council and said the contracts were further renewed in December 2016 until the end of the Financial Year (2016/17).
Others who supported the report were Hon Pierre Celestin Rwigema and Hon Sarah Bonaya.The Chair of the Council of Ministers, Hon Dr Susan A. Kolimba assured the House the Secretariat follows the Rules and Regulations of the Community as laid down. We undertake to assist the Secretary General and the Secretariat in ensuring the rules and regulations are done.
She remarked that the Council was also making follow-up to ensure the remaining two Partner States duly ratify the Peace and Security Protocol.
An EAC Protection of people with albinism Bill, 2016 is in the offing with the House granting its mover, Hon Shyrose Bhanji leave to introduce the Bill.
The object of the Bill is to prohibit the discrimination against people suffering with albinism and to ensure affirmative action in their favour. It also stipulates the sanctions against those who indulge in suffocating the rights of persons with Albinism. The Bill hopes to put in place sanctions including conviction of those who discriminate against albinos.
The object of the Act is to promote dignity and equal opportunities for persons with albinism. The Bill seeks to eliminate all forms of discrimination of persons with albinism on grounds of their disability.
“There are people with albinism who are killed in face of negative beliefs and witchcraft. We live in a modern society and such beliefs have no place in the world today”, Such killings should be stopped and are criminal”, Hon Bhanji said. “We must also put in place/propagate for affirmative action for those with albinism”, she added.
Rising in support of the Motion were Hon Mike Sebalu, Hon Maryam Ussi Yahya, Hon Dr James Ndahiro, Hon Patricia Hajabakiga and Hon AbuBakr Ogle. Other Members were Hon Abubakar Zein, Hon Valerie Nyirahabineza and Hon Taslima Twaha.
