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.
East African Court of Justice, Arusha, 25th January, 2017;
The First Instance Division heard an application filed by the Attorney General of the Republic of Rwanda (Applicant) against the Union Trade Centre (UTC, Respondent) over the amended pleadings that introduce a new cause of action in the Reference No. 10 of 2013 (the main case).
The case challenges the government of Rwanda over an allegation of appropriating the private property of UTC Mall as an infringement of the Treaty for the Establishment of the East African Community.
In his submission, Mr. Nicholas Ntarugera, representing the Attorney General of Rwanda, said that the Application was filed on the grounds that, the Applicant (AG Rwanda) found that under the cover of amending the Reference that was granted to the Respondent (UTC), by the Court on 15th November, 2017, instead of amending the Reference, the Respondent filed a new Reference by introducing a new cause of action of where the Rwanda Revenue Authority (RRA) auctioned/ sold the UTC Mall to another private company on 27th September, 2017, due to unpaid taxes that had accumulated.
Mr. Ntarugera further submitted that the Reference has been on record of the Court since 22 November, 2013, that the matter in question or complained of was that, this Court declared that the action of Nyarugenge District Commission in charge of management of the abandoned property, for taking over and managing the UTC Mall contravened Articles 5 (2) (g), 5 (3)(g), 6(d) 7(1) and others of the Treaty. He also said that the first Cause of action a rose on 27th July, 2013 when the Commission addressed a letter to the tenants who occupied the Mall.
Mr. Ntarugera added that, when the Respondent was granted leave to amend the pleadings, he violated the principles of amending the pleadings, whereby the Respondent filed a new cause of action. He further argued that the 2nd amended Reference is composed of two (2) causes of action that arose on different periods of time, by different bodies and on different grounds. He went ahead and explained that the 2nd cause of action a rose after four (4) years when the Reference was already before the Court.
Mr. Ntarugera added that the acts of the UTC had introduced new causes of action in the matter and that AG Rwanda finds it as an abuse of the Procedures of the Court.
Mr. Ntarugera further said that at the moment the UTC Mall neither belonged to UTC nor was the Nyarugenge District Commission in charge of the abandoned property, on grounds that it had been auctioned by RRA to another private Company. He further added that the RRA was an independent institution that can sue and be sued in its name and not through the AG Rwanda.
He further submitted that in the interest of Justice the Court cannot handle these two issues in the same Reference. “We find that the new cause of action is totally a new Reference,” Ntarugera said.
While concluding his submissions, Mr. Ntarugera asked the Court to either fully strike out the amended Reference with costs or only strike out the new cause of action and proceeds with the already existing one before this court.
On the part of the Respondent (UTC), Mr. Isaac Bakayana, opposed the Application and submitted that, three (3) reasons support their objection. Mr. Bakayana argued that the AG consented to the amendments when the issue of auctioning the UTC Mall came in and that when it was brought before the Court in November 2017 requesting the Court to allow them to amend the pleadings, so that such, is taken into account. He added that the Attorney General heard the submissions and did not oppose the amendments and was aware of the facts seeking to be introduced.
Mr. Bakayana referred the Court to Rule 48 of the Court’s Rules of Procedure and stated that the rule mentioned permits the Court to allow any party to amend any pleadings in such a manner it may direct and when the matter of auctioning the mall came up, the court allowed UTC to amend their pleadings. Also, he submitted that rule 50 (c) of the EACJ Rules of procedure, allows to add or substitute anew cause of action if the new cause of action rises out of the same facts. “It’s therefore the Respondent’s contention that the government of Rwanda has appropriated private property,” submitted Mr. Bakayana.
Furthermore, Bakayana said that it has been the allegation since 2013 and therefore the fact of RRA selling of the property after the government had been taken to court for illegal taking over the mall and managing it, is a continuous of the allegation they are complaining against.
The Respondent argued that the Claimant has the right to his property and the right was violated since 2013 and the Attorney General is liable.
In his 3rd reason for opposing the Application, Mr. Bakayana submitted that the Attorney General has not demonstrated he will suffer if the amended pleadings are allowed to stand. He further said that the Applicant had sufficient time to address every allegation made in the amended Reference from 15th December, 2017 when he was served. But none was demonstrated and so it’s in their view that there are no sufficient reasons not to allow the amendments to stand and allow the parties to argue their case on merits.
He also argued on the fact that the Appellate Division sent back the matter to be heard de novo in the First Instance Division, adding that in his understanding it means that the matter be heard afresh because the evidence was not properly heard before Court and that, that is why the Court even allowed interveners in the Reference. He finally asked court to reject the Application because it has no merit.
The Interveners represented by Mr. William Arnest Kivuyo, submitted that they have the views as the Applicant (Attorney General), that the new cause of action has been introduced and it contravenes the rule 50 (2) of the EACJ rules of procedure. He further said that, the issue of auctioning the UTC Mall was done by a different party RRA and done on a different dates.
Mr. Kivuyo stated that taking over and managing the property, the status and the shareholders did not change, only the management changed, but auctioning the property even the ownership changed. He therefore added that it cannot be treated as the same facts, hence a new cause of action.
In his conclusion, Mr Kivuyo, submitted that, it is the interveners’ belief that, auctioning of UTC changes their position and the fact that it is no longer the property of the previous shareholders, this calls for a new Reference all together. He therefore told court that the 2nd amendment introduces a new cause of action and contravenes the principles of law and should be struck out.
The matter was before a bench of the First Instance Division, comprised of Justices Monica Mugenyi (Principal Judge), Isaac Lenaola (Deputy Principal Judge), Justice Fakihi Jundu, Justice Audace Ngiye and Justice Dr. Charles Oyo Nyawello.
Notes to the Editors
Article 5 2 (g) of EAC Treaty states that; the enhancement and strengthening of partner ships with the private sector and civil society in order to a achieve sustainable socioeconomic and political development;
Rule 48 of EACJ Rules of procedure states that; For the purpose of determining the real question in controversy between the parties, or of correcting any defect or error in any pleading, a party may amend its pleading.
Rule 50 1 (c) of EACJ Rules of procedure 2013 states that;where the amendment adds or substitutes a new cause of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed by the party seeking leave in the same case.
Rule 50 (2) of EACJ Rules of procedure states that; The Court may, in the following circumstances, grant such leave to amend notwithstanding that any relevant period of limitation current at the date of instituting the case has expired, if it thinks it is just so to do:
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 Legislative Assembly, Kampala, Uganda: January 23rd 2018:
The President of Republic of Uganda and Chairperson of Summit of EAC Heads of State, H.E. Yoweri Kaguta Museveni is rooting for all efforts towards an effective integration of the continent. To this extent, the Head of State wants the EAC region to go full throttle and unite the markets for prosperity of the people. The President who was addressing the 2nd Sitting of the 1st Session of the 4th Assembly reiterated that the region stood to gain much more as a unified front. “This integration is not about the leaders but the people who produce wealth”, he said. Why do we talk about hunger while in Uganda for example, we have a huge crop of maize – about 5 Million tonnes capable of sufficiently meeting our needs? the President pondered.
“We need a situation where all producers in the Partner States are able to freely sell their produce “, President Museveni remarked. “I have in the past for example contributed to the prosperity of Kenyan farmers in Mbarara where I purchased their (Kenya Co-operative Creameries) milk. This is the kind of thing I am talking about”, he added.
The Head of State said fraternity of the people of East Africa was another key area capable of fast tracking integration. He remarked the populace in the EAC region were severally either linked by either culture, language or history. The President therefore maintained that socio-economic development was very key in the integration dispensation.
President Museveni also cited strategic security as key in integration. “Africans need to solve their own problems – in this world you cannot survive if you are weak – and this is of our own making. Why can’t we make Africa strong”, President Museveni stated and called for the continent to speak with one voice. He remarked that United States of America President Donald Trump had albeit in inappropriate language, told Africans the truth.
President Museveni also called for the region to effect better use of the existing common natural resources for its own prosperity citing Lake Victoria as a case in point. “This among other resources should be managed on an East African basis and we have the ability to manage the resources collectively - so such may save us in future for East Africa’s destiny”, the President remarked.
The President hailed the EAC forefathers for their vision in uniting the region way back in the 1960s and said the collapse of the envisaged Union led to some of the present-day challenges and catastrophic events. “In Uganda for example, we could not have had the Idi Amin challenge, – had we succeeded in forming a unified government. The genocide in Rwanda for example, could also not have happened – if there was a unified an East African Community union.
The President cited the Economic Partnership Agreements (EPA) talks with the European Union as key adding that negotiating as a unified EAC bloc was instrumental. The likes of China India, EU and Russia are large – and powerful. Our strength lies in bargaining ‘collectively’. I am duly hopeful – we shall.
The President lauded and congratulated the Speaker of EALA, Rt Hon Martin Ngoga for his election and said he was content the principle of rotation had been maintained. I recall already Kenya, Uganda and United Republic of Tanzania had already benefited from the Speakership – while Republic of Burundi has the position of the Secretary General in the EAC. The President maintained that the oversight role of EALA was key and assured the Speaker of his support. He further congratulated all Members for attending the Session.
He maintained that EALA was core to the integration process. “I cannot miss your invitations – he said in response to the Speakers remark, who lauded him for attending all previous events of the Assembly. I will keep coming”, he added.
In attendance were key government officials, former Speakers of EALA, former EALA Members, representatives of the diplomatic corps, representatives of the Private Sector as well as the representatives of the EAC Youth Ambassadors platform among others.
In his welcome remarks, the Speaker of the EALA, Rt. Hon Ngoga Karoli Martin, noted that the Sitting was taking place at an irreversible time in the regional integration process.
He remarked that EALA was keen to finalise work started by the predecessors (3rd Assembly) on operationalization of the finance and administration of the Assembly, which he said, would help to improve efficiency as it executes its mandate.
The Speaker maintained that the region needed to remain strong and resilient on the continent and said the implementation of the pillars of integration would go a long way in realizing the same.
The EALA Speaker maintained the region stood proud of the gains realised under the Customs Union and the Common Market and cited the impending Monetary Union as the logical culmination of the integration efforts as it seeks to harmonise fiscal policies leading to a single currency unit.
He further called for the swift address of challenges the region was facing. “To this effect, we should continue to address challenges in order to secure EAC’s future for posterity. Some of the areas include stamping out the NTBs and the need to enhance free movement of goods, labour and services. We need to venture into new areas of integration and consolidate those we have agreed upon. We have to play special attention to areas that have impact to our young people notably one education area and equal fees”, he said.
At the Plenary, the Assembly has the following notable business:
The EAC Monetary Institute Bill, 2017, The EAC Statistics Bureau 2017 and the EAC Oaths Bill, 2017.
The vote of thanks was delivered by EALA Member, Hon Dr Anna Itto.
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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, Arusha, January 22, 2018:
The East African Legislative Assembly Sitting got underway in Kampala on Monday with an induction process for its new Members. Speaker of the Parliament of Uganda, Rt Hon Rebecca A. Kadaga opened the week-long induction exercise. In her remarks, Rt Hon Kadaga reiterated the importance of sensitizing citizens of the region and in the same vein hailed the principle of rotation which the regional Assembly embraces.
Rt Hon Kadaga further emphasized the need for full autonomy of the regional assembly.
“One of the causes of the collapse of the previous EAC (1967-77), was the low level of involvement of stakeholders in their activities. As legislators, through our collective action, we must direct our efforts towards a unified and empowered East African Community”, Rt Hon Kadaga remarked. “Autonomy for EALA is vital and Parliament of Uganda is so keen to see it fully operationalized”, she added.
Rt Hon Kadaga further called on the EALA Members to look beyond their national shoulders and to fully focus on its regional agenda.
“I therefore urge the Assembly to remain totally committed to the integration process. We need to look beyond nationalism to a regional mindset. Consensus and meeting of minds is key as you legislate, provide oversight and appropriate budget for the region”, the Speaker noted.
The Speaker of EALA, Rt Hon Ngoga Martin remarked the induction program presented an opportunity for the Members to build capacities on regional integration matters as they commence on the journey of the 4th Assembly. The EALA Speaker hailed Rt Hon Rebecca Kadaga and his predecessors, the Speakers Emeritus (former), Rt Hon Abdirahin Abdi and Rt Hon Damiel F. Kidega who were in attendance for their steadfast support to EALA.
“It is important to add here that the Assembly has come of age and rightfully so – effectively taking its place in the integration process. Again, I owe it to my predecessors whom have left behind a solid foundation. He said the Assembly which is the forth since its establishment in 2001 was keen to take the mantle to the next level. “This is what it means with continuity and facilitating growth. The critical mass we need to solidify our integration process is manifestly growing”, Rt Hon Ngoga said.
The induction process was addressed by the Director at the Centre for Regional Integration, Dr Wanyama Masinde who delivered a paper on Understanding regional integration while the Counsel to the Community made on the Salient features of the Treaty annexes.
The Speakers Emeritus of EALA, Rt Hon Abdirahin Abdi and the Rt Hon Daniel Fred Kidega as well as the former Principal Legislative Draftsman of the Community, Lawrence Kamugisha, are also expected to share their thoughts with EALA as the week progresses. The induction process undertaken whenever a new Assembly is installed, is geared at bringing the Members to speed on matters of integration as well as on Parliamentary procedures.
Meanwhile the Speaker of EALA, Rt Hon Ngoga Martin paid a courtesy call on the Speaker of the Parliament of Uganda, Rt Hon Rebecca Kadaga at the Speaker’s Chamber. The two Speaker held cordial talks of mutual interests to both institutions.
The President of the Republic of Uganda and the Chair of the Summit of EAC Heads of State, H.E. Yoweri Kaguta Museveni, is expected to deliver the State of EAC Address on Tuesday morning at the Parliament of Uganda Chambers.
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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 Community Headquarters, Arusha, 19th January, 2018:
The EAC Secretariat in collaboration with the EAC Partner States and International Development Partners are in the final preparations for the Joint EAC Heads of State Retreat on Infrastructure and Health Financing and Development scheduled for 21st -22nd February, 2018 at Speke Resort Munyonyo, in Kampala, Uganda.
The joint Heads of State Retreat themed “Deepening and widening regional integration through Infrastructure and Health Sector Development in the EAC Partner States’’is aimed at accelerating the attainment of the objectives of the EAC Development Strategy, African Union Agenda 2063 and the Sustainable Development Goals in the infrastructure and health sectors in the EAC.
The Heads of State will address infrastructure and health development and financing in East Africa. The Retreat will be followed by the 19th Ordinary Summit of the EAC Heads of State to be held in Kampala on 23rd February, 2018.
The Retreat is expected to give impetus to infrastructure and health development by way of harnessing political support for regional flagship projects, funding commitments, and Public-Private Partnerships arrangements.
The retreat will be preceded by the separate infrastructure and health sector investors’ and donors’ round-tables on 21st February 2018. Also to be held prior to the Retreat will be Ministerial Session of the 36th Meeting of the Council of Ministers and the Ministerial Session of the 35th Extra-Ordinary Meeting of the Council.
The separate donor round tables will be held at ministerial level and will review progress of implementation of previously prioritized infrastructure projects and deliberate on investment opportunities and funds mobilization strategies for quicker delivery of prioritized regional infrastructure and health projects.
The Retreat Programme includes an International Infrastructure and Health Sector Exhibition that will run from 21st to 22nd February, 2018. The Exhibition will provide a platform for players in the Infrastructure and Health sectors to showcase new products and services as well as exhibit the latest advances in research and innovation.
Focus areas of the retreat under the infrastructure sector
The joint retreat is being convened at a time when the region’s 10-year infrastructure priorities that were agreed upon during the 3rd Heads of State Retreat held on 29th November, 2014 in Nairobi have transitioned from the conception phase to the implementation phase.
The joint retreat will among other things review the status of implementation of the priority projects including relevant policy directives, mobilization of the required financing and implementation of the resolutions proposed to address the challenges observed at the 3rd Retreat.
The retreat will target key priority projects in railways, ports and inland waterways, energy and connecting roads prioritized to de-congest the cities and enhance logistics at the ports. Likewise, as agreed during the 3rd Retreat, the 4th Retreat is expected to receive a report on the projects and programmes of the civil aviation and airports sub sectors.
Further, the Heads of State will consider the strategies being developed to engage with the private sector in the development of these projects, the enhanced collaboration with the development partners (in particular African Development Bank (AfDB) under the Programme for Infrastructure Development for Africa (PIDA); the World Bank, the EU, JICA and TMEA among other development partners.
Focus areas of the retreat under the health sector
The Joint Retreat is being held at a time when the EAC Partner States are expanding the capacity for the delivery of high quality health services, training and research such as through the AfDB/Partner States’ financed regional centers of excellence (RCoE) for Kidney Diseases (Kenya); Heart Diseases (Tanzania); Cancer (Uganda); e-Health, Biomedical Engineering and Health Rehabilitation Sciences (Rwanda); and Vaccines, Immunization and Health Supply Chain Management (Rwanda).
With support from the Federal Republic of Germany (through the German Development Bank), the Partner States are also jointly operationalizing an EAC Regional Network of Reference Laboratories for Communicable Diseases (including rapid deployment of state of the art mobile diagnostic medical laboratories) to strengthen the region’s capacity to diagnose and respond to pathogens of biosafety level 3 and 4 nature and other infectious diseases, prone to cause cross-border epidemics.
The retreat will provide policy guidance on: the EAC’s agenda to eliminate HIV/AIDS and preventable maternal and child deaths by 2030; advance medical tourism; strengthen pandemic preparedness and response; enhance local manufacturing of medicines and health products, and; catalyze job creation through the health sector thereby ultimately expanding and consolidating health sector contribution to the socio-economic development of the region.
Participants
The retreat is expected to have about 700 participants including local and international exhibitors. Ministers, Permanent/Principal Secretaries and Senior Officials from government institutions and agencies; high-level guests from the international community including AU, Heads of State from the Tripartite (COMESA, EAC and SADC), ECOWAS, IGAD and sub-regional organizations are expected to attend.
Also expected are multi-lateral and bi-lateral development partners, international financial institutions, corridor management agencies, local and international investors/private sector, Universities, and civil society and EAC Organs and Institutions.
Exhibition
Exhibitors will include Pharmaceutical and Medical Technologies Manufactures and Dealers; Health Insurance Providers; Regional Centres of Excellence for Healthcare; Network of Reference Laboratories; Traditional/alternative Medicine Producers, Infrastructure Contractors (Ports, Railways, Airlines, Oil and Gas); Investment Banks; Telecommunication Companies; Civil Society Organizations; among others.
The registration fees for participation in the international health and infrastructure exhibitions is categorized as follows:
Platinum = US$ 3,000 for 2 days
Gold = US$ 2,000 for 2 days
Silver = US$ 1,000 for 2 days
For more information on participation, registration and exhibition fees requirements, please go through the retreat website: www.eacihr17.eac.int
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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.
