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.
East African Community Headquarters, Arusha, 18th January, 2018:
The EAC Secretary General, Amb Liberat Mfumukeko, has called for serious prioritizing of the available resources to ensure critical activities in the integration process are implemented by the EAC Secretariat in 2018.
Amb. Mfumukeko noted that 2017 had been a challenging year for the EAC and singled out the first and second quarters of the 2017/2018 Financial Year, adding that the Community had experienced serious financial challenges during this period.
Delivering the Secretary General’s New Year Address 2018 to the staff of the EAC Organs and Institutions Amb. Mfumukeko, urged staff not be discouraged by the challenges faced in 2017 by quoting one great man named T.HARV EKER who said “if you want to make a permanent change, stop focusing on the size of your problems and start focusing on the size of you.”
The Secretary General outlined the tremendous achievements made in the EAC integration process in 2017 despite all the challenges as follows:
Single Customs Territory
He disclosed that the main priority was to attain the full roll-out of intra-trade and imports regime under the Single Customs Territory. Most important was the operationalization of 10 One Stop Border Posts, three (3) of which were officially launched with the most recent being the official launch of the Mutukula One Stop Border Post (OSBP) located on the Uganda/Tanzania border in November last year after Holili/Taveta and Rusumo.
Common Market
Partner States continued to facilitate free movement of goods, services, labor and capital and accord rights of establishment and residence to firms and citizens from other Partner States. Last year, the (non-tariff barriers) NTBs Act, 2015 was assented by all the Partner States and regulations to operationalize it were developed.
Also a total of 104 standards were approved by Sectoral Council on Trade, Industry, Finance and Investment (SCTIFI) in June 2017 as East African Standards and 108 international standards endorsed for adoption by the Partner States in accordance with the EAC procedures. This brings to date, the cumulative total number of harmonized standards to 1,428 for the period 2000 - to June 2017. In addition to this, negotiations of Mutual Recognition Agreements for Land Surveyors were concluded.
Amb Mfumukeko disclosed to the staff that in 2017, the Secretariat, in close collaboration with Partner States continued the fight against NTBs in the region. Partner States assented to the EAC Elimination of Non-Tariff Barriers Act 2017. The Act was gazetted and published. During the same year, a draft Export Promotion Strategy 2018-2023 was developed and is now ready for consideration by all stakeholders.
For 2018, the SG urged Partner States to finalise the regulations for successful implementation of the EAC Elimination of Non-Tariff Barriers Act 2017 and intensify monitoring of trade flows along EAC common borders.
Energy and Infrastructure
The Secretary General said that the EAC adopted its Energy Security Policy Framework, making it the first regional economic community to adopt an Energy Security Policy Framework in Africa. This framework aims at providing regional guidance to Partner States in the management and mitigation of the challenges in energy security. The Partner States have acknowledged that energy is pivotal to the regional integration agenda and have therefore set ambitious development plans prioritizing the energy sector.
On Infrastructure, he said the EAC was able to secure funding amounting to US$1.5 million from the AfDB for studies for the Masaka-Mutukula / Bugene-Kasulo road (Tanzania/Uganda). This is in addition to the 2.2 Million USD which was secured for the ongoing studies of the Multinational road projects: Nyakanazi-Kasulu-Manyovu / Rumonge-Bujumbura road (Tanzania/Burundi), Lusahunga-Rusumo/Kayonza-Kigali road (Tanzania/Rwanda) expected to be completed by March 2018.
In addition to this, the Tripartite Transit Transport Programme amounting to 18 million Euros was launched during the 1st Tripartite Sectoral Ministerial Committee on Infrastructure (TSMCI) meeting held in October, 2017
Industrialization Sector
Amb Mfumukeko disclosed to the staff that 2017 EAC launched the EAC Industrial Competitiveness Report. The report was developed to provide direction as the EAC seek to attain the industrialization goals of the Community by expanding market opportunities for the industrial sector in the region and improving the competitiveness of the region, in line with the EAC Industrialization Policy and Strategy.
Gender Sector
EAC registered a key milestone with the enactment of The EAC Gender Equality, Equity and Development Bill, by the 3rd Assembly 2016 early last year. The Bill gives effect to the Treaty for the Establishment of the East African Community and the African Charter on Human and Peoples’ Rights as it expressly prohibits all forms of exploitation, cruel, inhuman or degrading traditional practices
Agriculture Sector
The Secretary General disclosed that the EAC Regional Agriculture Investment Plan was validated. The Plan seeks to catalyze the realization of the EAC Comprehensive Africa Agriculture Development Programme (CAADP) goals in five investment thematic areas, namely: Increasing regional agricultural production and food supply; Enhancing food utilization; Promoting agribusiness, value addition and agro-industry; Promoting sustainable natural resource use and management, and; Strengthening capacities of EAC regional agricultural institutions.
Meanwhile, Amb Mfumukeko talked about the elapsing of the 4th EAC Development Strategy 2011-2016, adding that the preparation of the 5th EAC Development Strategy was at an advanced stage.“The proposed 5th development strategy if implemented fully, will be a game changer in the region. It will contribute to eradication of poverty, improved health care and enhance the education standards,” said Secretary General.
He thanked Development Partners for their continued support in 2017 and called for improvement in coordination of projects and communication of results for all projects funded by the Partnership Fund.
The 2018 New Year’s message to staff was also attended by the EAC Deputies Secretary General in charge of Finance and Administration hon. Jesca Eriyo, Planning and Infrastructure Eng. Steven Mlote, Productive and Social Sector, Hon Christophe Bazivamo and Political Federation, Mr. Charles Njoroge. The EAC Director General Customs and Trade, Mr. Kenneth Bagamuhunda was also in attendance.
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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, Arusha, January 16, 2018:
The East African Legislative Assembly (EALA) is expected to resume business next week by holding its Plenary Session in Kampala, Uganda. The Plenary which takes place from January 22nd 2018, through to February 9, 2018, is the Second Meeting of the First Session of the Forth Assembly.
President Yoweri Kaguta Museveni who is the Chair of the Summit of EAC Heads of State, is expected to deliver the State of EAC Address to the Assembly at a date to be communicated. The State of EAC Address is an annual address delivered by the sitting EAC Summit Chair and it sets the momentum and impetus for the integration process by reflecting on general policies that relate to the Community's progress while outlining the strategic challenges which require attention.
The Assembly which is to be presided by the Speaker, Rt. Hon Ngoga K. Martin, shall during the three-week period further discuss the following legislative business:
Debate three key Bills; the EAC Oaths Bill, 2017, the EAC Statistics Bureau Bill, 2017 and the EAC Monetary Institute Bill, 2017.
Hold Plenary to establish and elect Members to the six Committees of the Assembly. They include the Committee on Accounts, the Committee on General Purpose and the Committee on Regional Affairs and Conflict Resolution. Others are the Committee on Legal Rules and Privileges, the Committee on Communication, Trade and Investment, and the Committee on Agriculture, Tourism and Natural Resources.
pose questions to the Council of Ministers, debate and adopt Motions and Resolutions.
The object of the EAC Monetary Institute Bill, 2017, is to provide for the establishment of the East African Monetary Institute (EAMI) as an institution of the Community responsible for preparatory work for the EAC Monetary Union. In accordance with Article 23 of the Protocol on the EAC Monetary Union, the Bill is expected to provide for the functions, governance and funding for the Institute as well as other related matters.
Closely related to the EAMI Bill is the EAC Statistics Bureau Bill, 2017, which also seeks to establish the Statistics Bureau as an Institution of the Community under Article 9 of the Treaty and Article 21 of the Protocol on Establishment of the EAC Monetary Union. The Bill provides for the functions, powers, governance and its funding with a view to establishing an institution responsible for statistics in a bid to support the East African Monetary Union.
On its part, the East African Community Oaths Bill, 2017, anticipates to provide for the taking and administering of Oaths in relation to the specific persons appointed to serve in the Organs or Institutions of the Community or required to take oath before giving evidence at the East African Court of Justice. The Bill moved by the Chair of the Council of Ministers, Rt Hon Ali Kirunda Kivejinja, avers that whereas there are specific persons who are required by the Treaty like in the case of the Judges and Registrars of the EACJ if in justice matters, or an Act of the Community like in the case of EALA Members, in all other cases, oaths of allegiance are administered and taken in accordance with staff rules and regulations or by practice. The Bill therefore hopes to cure the lacuna by providing for the administration of an oath as a statute.
NOTE TO EDITORS ABOUT EALA
The East African Legislative Assembly is the Legislative Organ of the East African Community. Its Membership consists of a total of 62, of whom 54 are elected Members (9 from each Partner State) and eight ex-officio members (the Ministers responsible for EAC Affairs from the Partner States, the Secretary General of the Community and the Counsel to the Community).
The East African Legislative Assembly has legislative functions as well as oversight of all East African Community matters. The enactment of legislation once assented of the Community is effected by means of Bills passed by the Assembly and assented to by the Heads of State. A Bill that has been duly passed and assented to, becomes an Act of the Community and takes precedence over similar legislations in the Partner States. EALA has to date passed 79 pieces of legislation.
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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, 22nd December 2017:
The East African Community Secretariat is facilitating a four-day benchmarking visit for Burundi Parliamentarians to the Tanzania Food and Drug Authority (TFDA) and Ministries responsible for Health, Agriculture, and Trade in the United Republic of Tanzania, as part of the support to Burundi government to enable it fast-track the enactment and implementation of the Burundi National Pharmaceuticals Regulation Law that is currently before the Parliament of Burundi.
The benchmarking visit, which begun on Wednesday 20th December, is also part of the EAC Secretariat’s efforts to enable the Government of Burundi to establish and fully operationalize the Autorite’ Burundaise de Regulation des Medicaments et des Aliments (ABREMA) as public autonomous or semiautonomous body and legally designated to oversee effective regulation of food and medicinal products in the country in accordance to the regional and international best practices.
The study tour was recommended by the Participants who attended a one-day high level National Multi-Stakeholders Advocacy and Sensitization Workshop on strengthening of national pharmaceutical laws and establishment of “autorite nationale de la regulation des medicaments et des aliments (ABREMA)” in the Republic of Burundi, that was held on 7th December 2017 at the Panoramique Hotel in Bujumbura, Burundi.
Participants recommended and requested the EAC Secretariat to organize and facilitate the study tour to enable the Members of the respective Committees in Parliament and technocrats to get find hand experience on the operations of TFDA and the concerned Ministries in regard to enactment and implementation of National Pharmaceutical and Regulation Law.
The 22-Member delegation, is being led by Hon. Felix Niragira, MP and Burundi’s President of Justice and Human Rights Commission, and consists of Members of the Committee on Agriculture, Livestock, Environment and Community Development; Committee on Accounts, Finances, Economic Affairs and Planning; Committee on Justice and Human Rights; Committee on Social Affairs, Repatriation of Refugees, Equality and Fight against AIDS. Others include Technical Experts from the Ministries responsible for Health, Agriculture, Trade/Commerce and the Burundi National Bureau of Standards (BBN).
Addressing the delegation this morning Friday 22nd December, at the Ministry of Health offices in Dodoma, the Deputy Minister of Trade, Industry and Investment, Hon. Eng. Stella Manyanya commended the commitment of the Legislators in the benchmarking visit having driven a long distance from Dar es Salaam and reaching Dodoma past midnight.
She said the implementation of the EAC Council decision by Burundi on the establishment of National Authority responsible for food and drugs will lay an equal play ground for the EAC Partner States in monitoring regulations harmonization, an initiative that the Partner states had worked on for so long.
She said establishment of National Authorities helps to minimize non-tariff barriers (NTBs). “The commitment of the Republic of Burundi to implement the Council decision is a step forward to resolve some of the unnecessary NTBs in the region”, affirmed the Hon. Eng. Stella Manyanya.
At the same occasion, Hon. Felix Niragira, MP and Burundi’s President of Justice and Human Rights Commission, applauded the EAC Secretariat for organizing and facilitating the benchmarking visit and said the visit was very fruitful; and will enable the Burundi Parliamentarians to make informed decision on enacting National Pharmaceuticals Regulation Law that is before Assembly. He said Tanzania was chosen for the benchmarking visit because of it (Tanzania) was a sister Partner State and TFDA was well established with long experience.
At the same function, officials from the Ministries responsible for Health, Agriculture, and Trade shared with the Burundi delegations their various mandates and how they build synergies with TFDA.
The Burundi Parliamentarians could not meet their counterparts because the Tanzania National Parliament was on Christmas and New Year holidays recess.
On Thursday 21st December, the delegation visited the Tanzania Food and Drug Authority Headquarters in Dar es Salaam, where the Ag. Director General, Dr. Danstan Hipolite shared with them the roles and responsibilities of TFDA, its Policies, Legal Framework and Governance Structure, as an Executive Government Agency under the Ministry responsible for Health mandated to control safety, quality and effectiveness food, medicines, cosmetics and medical devices including vitro diagnostics in Tanzania.
The Ag. Director General underscored the milestones of TFDa, that include, among others, being ISO 9001:2008 certified since June 2009 and ISO 9001:2015 (August 2017); putting in place key regulatory systems, processes and procedures; and setting up a WHO Prequalified medicines testing lab since Jan, 2011. TFDA’s Food and Microbiology laboratories were accredited to ISO/IEC 17025:2005 since September 2012 and its HR capacity has increased from 52 in 2003 to the current 293 with seven (7) operational zone/branch offices and inspectors in 10 major ports of entry are some of the milestones.
TFDA’s Legal Counsel, Iskari C. Fute took the Burundi delegation step by step on Tanzania Food, Drugs and Cosmetics Act, Cap 219 including the Preliminary and Administrative/General Provisions; Provisions regarding Food; Provisions regarding Drugs; Cosmetics; Packaging and Labeling; Promotion; Enforcement and Legal Proceedings; among others.
Earlier, members of the delegation visited Shellys Pharmaceutical Company and were received by the General Manager, Mr. Yajas Ulla, who briefed them on how the Company was operating under the Tanzania Law on Food and Drugs.
Notes to Editor
The Republic of Burundi is the only Partner State in the Community that has not enacted and implemented strong National Pharmaceutical Laws through the National Parliament and has not established semi-autonomous National Medicines Regulatory Authorities (NMRAs) in order to promote public health and safety as well as facilitate cross-border trade in medicines, health technologies and other medical products, including enhancing local pharmaceutical manufacturing under the EAC Common Market Protocol.
The Republic of Burundi is still lagging behind hence denying the country the benefits of the harmonized EAC Regional Guidelines and Standards for Medicines Evaluation and Registration, Good Manufacturing Practices, Quality Management Systems and Information Management Systems as well the Mutual Reciprocal Recognition and Technical Cooperation with other Partner States and the International Medicines Regulatory Bodies and Agencies.
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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, Arusha, Tanzania: December 20, 2017:
The Assembly has elected Members to the EALA Commission. The House approved by secret ballot the names of two Commissioners each, from the Republics of Kenya, Uganda, Rwanda, South Sudan and the United Republic of Tanzania in line with the provisions of Section (3)(2) of the Administration of the Assembly Act, 2011 and Rule 83 (1), (2) and (3) of the Rules of Procedure of the EAC. The Motion to constitute the Assembly was moved by Hon Chris Opoka-Okumu. The following were elected and will sit in the EALA Commission for two and a half years.
Republic of Kenya Hon Muhia Wanjiku – 35 votes. Hon Dr Oburu Oginga – 33 votes.
Republic of Rwanda Hon Dr Kalinda Xavier Kalinda – 35 votes. Hon Gasinzigwa Oda – 35 votes.
Republic of South Sudan Hon Dr Itto Leonardo Ann -34 votes. Hon Gabriel Garang Aher Arol – 35 votes.
United Republic of Tanzania Hon Nkuhi Fancy Haji – 35 votes. Hon Yahya Mariam Ussi – 35 votes.
Republic of Uganda Hon Nakawuki Susan - 35 votes. Hon Mukasa Mbidde – 35 votes.
The nominees of the Republic of Burundi withdrew in writing to the Clerk. The Chair of the EALA Chapter from the United Republic of Tanzania had similarly written to the Clerk requesting to withdraw the names. However, in absence of the withdrawal by the nominees per se, the Speaker therefore ruled that the names be maintained in the list. The election which took place at the EALA Chambers was presided over by the Clerk to the Assembly, Mr Kenneth Madete. There were no spoilt votes.
The EALA Commission is a creation of the Administration of the Assembly Act 2011. The mandate of the Commission is to manage the business and the programmes of the Assembly, to nominate Members of Standing and other Committees and to recommend to the Council the appointment of the Clerk and other Officers of the Assembly. The Commission further causes to be prepared in each Financial Year, estimates of revenue expenditure for the Assembly for the next Financial Year and to perform other functions as may be necessary for the well-being of the Members and staff of the Assembly so as to ensure the effective and efficient functioning of the Assembly.
Prior to dispensing with the activity, the Assembly moved a motion under Rule 30(d) and the corresponding Rule 84(1) on suspension of a rule and in this particular case that on Rule 12 on quorum of the House. The motion was moved by Hon Susan Nakawuki and seconded by Hon Abdikadir Aden. Hon Aden said the motion was well intended as it would allow the House to carry out the important work. Others rising in support were Hon Kennedy Kalonzo, Hon Fatuma Ali and Hon Chris Opoka while Hon Dr Ngwaru Jumanne opposed the motion.
The House meanwhile adjourned sine die (without resumption date).
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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, Tanzania: December 20, 2017:
Rt Hon Martin Ngoga was yesterday elected Speaker of EALA. Rt Hon Ngoga polled 33 votes in the second round of voting against Hon Leontine Nzeyimana of Burundi who amassed 3 votes. Hon Adam Kimbisa of the United Republic of Tanzania did not receive any votes.
The election which took place at the EALA Chambers was presided over by the Clerk to the Assembly, Mr Kenneth Madete.
In the first round of voting, Hon Ngoga got 35 votes while only one vote was cast in favour of Hon Nzeyimana who was absent. In accordance with the Rules of Procedure, a second round of voting was called since no candidate had amassed the requisite two-thirds of the votes cast (36 out of 54). The fourth Assembly comprises of 54 lawmakers – with nine from each of the six Partner States.
The Rules of Procedure state that a candidate for Speaker should get a two-thirds majority to be a clear winner. In absence of the same, a further ballot (second round) shall be held. A candidate who receives the highest number of votes shall then be declared the winner. In the second round, Rt Hon Ngoga managed 33 votes to be declared the winner.
The new Speaker immediately took a reconciliatory tone and rallied for unity and teamwork.
“I salute my worthy competitors in the race and ask that we work together for the benefit of EALA and the region. I wish to extend my arm of collaboration and co-operation”, Rt Hon Ngoga said.
The Speaker pledged to work tirelessly to ensure the Assembly realizes its mandate.
“I can only assure you Hon Members that I will provide the leadership you deserve in order to perform our statutory functions with which we are tasked to take our integration process to another level”, Rt Hon Ngoga said. “I will spare no efforts to provide the leadership you need to maintain high moral standing for us to confidently exercise oversight to other Institutions of the Community”, he added.
The occasion yesterday was attended by the President of the Senate of Rwanda, Rt Hon Bernard Makuza, Speaker of the Transitional National Legislative Assembly of South Sudan, Rt Hon Anthony Makana and several Members of Parliament and Senators from the Republic of Kenya.
Prior to his election, Rt Hon Ngoga served in the 3rd Assembly. He was previously Prosecutor General in Republic of Rwanda. In May this year, Rt Hon Ngoga added another feather to the cap when he was elected and confirmed by the congress of the global football body as deputy Chairman of the FIFA Ethics Committee in charge of investigatory chamber for a four-year term. The independent Ethics Committee is one of FIFA's judicial bodies primarily responsible for investigating possible infringements of the FIFA Code of Ethics.
The elections were finally done after lengthy debate. The House passed a Motion moved by Hon Mukasa Mbidde that the election be held strictly under Rule 6 of the Rules of Procedure of the Assembly and that no rule exogenous to the same would be used.
He stated had earlier stated the election ought to be conducted strictly under Article 53 (1) of the Treaty. He remarked that the election of Speaker would be carried out by Members in their individual capacities given that before that is done, the House is not fully constituted.
Two Members from the United Republic of Tanzania, Hon Dr Ngwaru Jumanne Maghembe and Hon Abdullah Makame put up a spirited fight to have the House suspended over lack of quorum. Other than the two, other Members from the United Republic of Tanzania and Burundi were conspicuously absent from the debate.
EALA is an Organ of the East African Community established in 2001 with a mandate of legislation, representation and oversight. Rt Hon Ngoga takes over from Rt Hon Daniel F. Kidega whose tenure ended on June 4th, 2017.
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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, Tanzania: December 19, 2017:
EALA Members have taken Oath of allegiance presided over by the Clerk to the Assembly, Kenneth Madete. However, the Assembly adjourned until Tuesday, December 19th, 2017 without the much-anticipated election of the Speaker.
A quorum hitch occasioned by absence of Members from Tanzania and Burundi as the process of electing the Speaker got underway, compelled the Clerk to call the roll.
Hon Leontine Nzeyimana from Burundi brought the matter of lack of quorum to the attention of the Clerk after invoking Rule 12 of the Rules of Procedure of the House. Under the rule, quorum of the House or the Committee of the whole House shall be half of the elected Members and such quorum shall be composed of at least one third of the elected Members from each Partner State.
The race for the Speakership is contested by Hon Martin Ngoga of Rwanda, Hon Leontine Nzeyimana (Burundi) and Hon Adam Kimbisa (Tanzania). The candidate who gets elected shall preside over the House and direct its activities over the next five years.
The bit of the swearing in of Members was well attended. The President of the Rwanda Senate, Rt Hon Bernard Makuza, Speaker of Senate of Kenya, Rt Hon Kenneth Lusaka and Speaker of Transitional National Legislative Assembly of South Sudan, Rt Hon Anthony Lino Makana, graced the occasion. Hon Rosalind Tuya represented the Speaker of the Kenya National Assembly, Rt Hon Justin Muturi.
Several legislators of the Parliament of Tanzania led by MP Hon Mussa A Zungu were in attendance. Other leaders in attendance included the Governor of Nairobi County, H.E. Mike Mbuvi Sonko, and his Uasin Gishu counterpart, H.E. Jackson Mandago, the President of the Democratic Party, Hon Nobert Mao, friends and family of the Members who were being sworn in.
EALA is an Organ of the East African Community established in 2001 with a mandate of legislation, representation and oversight.
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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.
