The East African Court of Justice Appellate Division on 20th November 2015 gave an advisory opinion filed on 15th April 2015 by the Secretary-General of the EAC on behalf of the Council of Ministers of the EAC. The request was filed pursuant to Article 14(4) and 36 of the Treaty and Rule 75 of the EACJ Rules of Procedure.
The request sought an opinion as to whether or not the words “forfeit” and “withdraw”, appearing respectively in Article 67(2) of the EAC Treaty and Rule 96(3) of the EAC Staff Rules and Regulation 2006, in effect amount to the same thing.
The gist of the matter that led to the rise of the inquiry is that Rwanda as a Partner State of the Community, nominated its national (Mr Alloys Mutabingwa) for appointment as EAC Deputy Secretary-General by the Summit of EAC Heads of State. Mr Mutabingwa was duly appointed in that position on 29th July 2009 for a term of three (3) years; however, on 29th April 2011 before the expiry of his term, Rwanda nominated Amb. Dr Richard Sezibera (another Rwandan national) for the appointment by the Summit as Secretary-General of the Community for a term of five (5) years. By virtue of Article 67(2) of the Treaty, “upon appointment of the Secretary-General, the Partner State from which he or she is appointed shall forfeit the post of Deputy Secretary-General”.
Also said that with that forfeiture Mr Mutabingwa’s contract was brought to an end, exactly 12 months before due date of its expiry. Upon that premature end of Mr Mtabingwa’s contract of employment, the Community, as the employer, compensated him in an amount equivalent to his full remuneration package for the 12 months balance of his contract.
In doing so the Community based itself on the authority of Rule 96(3) of the Staff Rules which provide, “where a Partner State withdraws one of its Executive staff before the expiry of contract, the individual shall be compensated the full remuneration package he or she would have received if he / she had served the entire period of the running contract. The funds paid by the Community shall be reimbursed by the concerned Partner State”.
Further, it was stated that the State practice of the Community regarding similar withdrawals in the past notably in 2001 and 2006, when Uganda and Tanzania respectively reimbursed the Community upon withdrawal of their respective Deputy Secretaries-General. Consequently, upon its payment of the above full compensation to Mr Mutabingwa, the Community Secretariat requested Rwanda to reimburse to the Community the amount of that compensation.
Rwanda declined to make the requested reimbursement, on the basis that the matter did not fall within the ambit of Rule 96(3) and additionally, contended that there is no clear established state practice in this regard. Confronted with the impasse, the Council of Ministers took a decision at its 29th extra ordinary meeting of 23rd-28th August 2014 to seek the Court’s Advisory Opinion on the matter.
Specifically, the Council sought an opinion on whether “forfeiture” of the position of Deputy Secretary-General under Article 67(2) of the Treaty for purpose of making way for an incoming Secretary-General from the same Partner State is in effect “withdrawal” of such Deputy Secretary-General.
The Court in its ruling said that, forfeiture of the position of the Deputy Secretary-General pursuant to Article 67(2) of the Treaty is a function and consequence imposed by automatic operation of law - without the free will or choice of the Partner State concerned. Withdrawal of Deputy Secretaries-General from their position by a Partner State of which the DSG is a national, for purposes of making way for an incoming Secretary-General of the same Partner State, though contemplated under Rule 96(3) of the Staff Rules and Regulations, 2006 of the Community, would in its application be a function and result of the free will and choice of the Partner State involved. To that extent, that function offends and is clearly inconsistent with and contrary to the objectives and purpose of the Treaty, in particular concerning the principle of rotation in Article 67(1) and (2) of the Treaty.
The Court further ruled that, given the inconsistency between the Treaty and the Staff Rules, which are made pursuant to the provisions of Articles 14(3) (g) and 70 of the same Treaty, the Staff Rules must to the extent of the inconsistency yield to the primacy of the provision of the Treaty.
It further ruled that, the “practise” whereby two Partner States have in the past refunded to the Secretariat of the Community the compensation paid to two former Deputy Secretaries-General of their nationality for premature termination of their tenure (in order to give way to the incoming Secretaries-General of the same nationality), has not as yet developed to trigger objective recognition under international law as an “established state practice”.
It is at best only a developing practice. At worst, any emerging “practise” from the past two precedents of Uganda and Tanzania has been fatally wounded and may well be on its way to becoming inchoate (unclear) if not comatose (exhausted).
Again, the Court added that of the three precedents signifying the alleged “practise”, the first Uganda’s was effected prior to the 2006 Staff Rules and therefore lacked any legal basis at all, the third Rwanda’s has been plainly challenged and openly disputed by the Partner State concerned.
That leaves Tanzania as the lone practise. Therefore, no legitimate basis to hold this as a valid practise of the Partner States of the EAC. Accordingly, it is quite evident that this so called practise cannot be taken into account for purposes of interpreting or applying Article 67(2) of the EAC Treaty and Rule 96(3) of the EAC Staff Rules and Regulations.
The Court also said that to avoid the latent friction between Article 67(2) of the Treaty and Rule 96(3) of the Staff Rules and Regulations, the two need formal, adequate and appropriate harmonisation by the competent organs and authorities of the Community.
The Federal Republic of Germany has so far given the East African Community (EAC) over 213 million euros in grants for the Community’s regional integration initiatives.
Germany’s Foreign Affairs Minister, Dr Frank-Walter Steinmeier, said the money had been invested in education, health and infrastructure projects, among other sectors.
Dr Steinmeier said that his country would continue its support for the EAC which he said was on the right track in terms of economic and political integration.
Dr Steinmeier said there was no global blueprint for regional integration, adding that the EU was currently grappling with the refugee crisis brought about by the conflict in Syria and the Greek financial crisis.
“Integration is not a fair weather project. Germany would not be where it is today without economic co-operation with the rest of Europe. I can say that the 60 years of European co-operation has been a success story”, he said.
The Minister said it was up to the EAC Partner States to prioritise the areas of co-operation amongst them. He said Germany was keen on increasing its co-operation with the EAC, especially in such areas as vocational training, education and technology transfer.
Dr Steinmeier was addressing journalists at the EAC Secretariat in Arusha, Tanzania after he held bilateral talks with the EAC Secretary-General, Amb. Dr Richard Sezibera.
The Minister urged the African Union and the EAC to expedite resolving the ongoing conflict in Burundi to prevent a spillover effect into neighbouring states. He expressed hope that the views and concerns of all parties in the Burundian conflict including the diaspora would be incorporated in the peace talks.
On economic growth in Africa and the EAC, Dr Steinmeier said it was disturbing that the perceived benefits from encouraging economic growth figures were not trickling down to the majority of the population especially those who live in the rural areas in terms of employment opportunities and poverty reduction.
In his remarks, Dr Sezibera thanked Germany for its generous assistance which had enabled the EAC to record significant successes including the realisation of the Customs Union, Common Market and commitments to support the attainment of the East African Monetary Union.
Dr Sezibera disclosed that intra-EAC trade had grown from 10 per cent a few years ago to more than 26 per cent at the moment.
The Secretary-General said EAC was deeply interested in penetrating the German market, which he described as large and vibrant, adding that the region also wanted to benefit from technology transfer from Europe’s largest economy.
On economic growth and efforts to address poverty, Dr Sezibera said the priority for the EAC in terms of employment was to rethink training in the region.
“Our focus is on vocational training and whether entrants into the job market have the right skills. We are also involving our agro-processing industries on how to expand manufacturing to a level that can create more jobs”, said the Secretary-General.
The Minister for Foreign Affairs in the Federal Republic of Germany, Dr Frank-Walter Steinmeier, will on Sunday, 22nd November 2015 pay a working visit to the East African Community (EAC) Headquarters in Arusha, Tanzania from 1.00PM.
The Minister, who will be accompanied by members of the German business community, will hold bilateral talks with the Secretary-General of the EAC, Amb. Dr Richard Sezibera.
The two leaders will then brief the press at the EAC Media Centre.
Shortly after the briefing, both the Minister and the Secretary-General will proceed to jointly address the East African-German Business Roundtable, jointly hosted by the EAC Secretariat, the East African Business Council and the Federal Foreign Office.
Civil Society Organisations in the EAC have petitioned the regional Assembly to urgently undertake specified number of actions within its mandate to contain the situation in the Republic of Burundi.
Representatives of the Pan-African Lawyers Union (PALU) and the East African Civil Society Organisations’ Forum (EACSOF) on Monday afternoon presented a petition to EALA Speaker, Rt Hon. Daniel F. Kidega at a brief ceremony at the Speaker’s Chambers in Arusha.
The Civil Society representatives are petitioning EALA among other things to make strong recommendation to the Summit of EAC Heads of State that the Republic of Burundi should not assume the rotating Chairmanship of the EAC until it resolves the political, human rights and humanitarian crisis in the country.
The petitioners further urge the House to call upon the Chair of the Assembly of Heads of State and Government of the African Union to take concrete steps towards preventing Burundi from descending into genocide or mass atrocities. Such measures the petition says, include, enhancing the numbers and capacity of the Human Rights monitors and Military monitors deployed to the country. They further call for the sanctions regime of the African Union to be activated.
The petition avers that EALA or a relevant Committee within, should immediately call for a public hearing in Arusha, Tanzania, that would welcome Burundian and East African citizens to testify to the occurrences in the country and to suggest proposals for resolution to the crisis.
In addition to PALU (Principal Petitioner) and EACSOF, the Atrocities Watch Africa, Centre for Citizens’ Participation on the African Union, East Africa Law Society and the Kituo Cha Katiba append their signatures to the petition.
The petition states that there have been numerous reports of cases of assassinations, extra-judicial and arbitrary killings of over 130 persons and wants EALA to condemn what it terms arbitrary killings as well as the inordinate use of force by the police, security officials and members of a youth wing group, Imbonerakure.
The petitioners say that although the authorities in Burundi have ordered investigations into the killings, no single case has been concluded, citing the murder of the former head of intelligence Services, General Adolphe Nshimirimana.
“More recently, the arbitrary killing of the son of the eminent and award winning Human Rights Defender, Pierre Claver Mbonimpa, who is himself under recovery after been shot, for which no investigations have been done, despite statements by the Government condemning the killings”, a section of the Petition reads.
The petitioners, in addition, call on EALA to request the African Union to intervene in the political and humanitarian crisis citing its comprehensive and far-reaching legal and institutional framework that includes the Constitutive Act of the African Union, 2000 and the African Charter on Human and Peoples’ Rights amongst others.
The petition acknowledges the measures taken by various Organs and Institutions of the EAC since the crisis started in February this year. They include three Extra-Ordinary Summits by the EAC Heads of State held on Burundi which took place on 13 May 2015, 31 May 2015 and 6 June 2015 – the latter of which appointed the President of the Republic of Uganda, H.E. Yoweri Kaguta Museveni to mediate in the crisis.
EAC citizens, including some of the petitioners, filed a case before the East African Court of Justice in Reference No. 2 of 2015: East African Civil Society Organisations’ Forum (EACSOF) vs. The Attorney General of Burundi and 2 Others. According to the petitioners, the case requests the Court to ascertain whether the President of Burundi could lawfully run for a third term, in light of the relevant provisions of the Arusha Peace and Reconciliation Agreement for Burundi (Arusha Accord) of 2000 and the Burundi Constitution of 2005.
The Reference No. 2 of 2015 was filed with an application for interim injunction whose citation is Application No. 5 of 2015 (Arising from Reference No. 2 of 2015) The East African Civil Society Organisations’ Forum (EACSOF) Vs The Attorney General of the Republic of Burundi and 2 Others. The application sought to injunct the elections of Burundi pending hearing and determination of the Reference. The Application was heard on 20th July 2015 and a Ruling was delivered on the same day denying the grant of an injunction.
“The East African Legislative Assembly (EALA) on its part, participated in the joint East African Community (EAC) Observation Mission to the Burundi Elections, though it is yet to deploy its mandate and powers, under the Treaty for the Establishment of the East African Community, to the deepening political, human rights and humanitarian crisis in Burundi”, a section of the petition states.
The petitioners reiterate speedy responses to the situation in Burundi.
“Should the above measures not bear fruit within the next one month, EALA should call for suspension of the Burundi Government from both the EAC and the AU”, the petition affirms in conclusion.
Under Rule 86 of the EALA Rules of Procedure, any citizen of the Partner States, and any natural or legal person residing or having its registered office in a Partner State shall have the right to address, individually or in association with other citizens or persons, a petition to the Assembly on a matter which comes within the Community’s fields of activities and which affects him, her or it directly.
The East African Legislative Assembly (EALA) shall hold its sitting in Kigali, Rwanda, next week. The Plenary, which takes place from Monday, 22nd November 2015 to Friday, 4th December 2015, is the Third Meeting of the Fourth Session of the Third Assembly.
The Assembly is to be presided over by the Speaker, Rt Hon. Daniel F. Kidega. Top on the agenda during the two week period is the Special sitting expected to be addressed by the President of the Republic of Rwanda, H.E. Paul Kagame.
Two key Bills on the cards at the EALA meeting are the EAC Disaster Risk Reduction Bill 2013 and the EAC Forestry Management Bill 2014.
The EAC Forestry Management Bill 2014 seeks to promote the development, protection, conservation, sustainable management and use of the forests in the Community especially trans-boundary forests ecosystems, in the interest of present and future generations.
It further wants to espouse the scientific, cultural and socio-economic values of forests and harmonise national forest laws.
The Assembly adjourned debate on the Forest Management and Protection Bill, 2014 at its last Sitting in Nairobi in October 2015. The adjournment at Committee stage followed the successful Motion for the same, tabled by the Chair of EAC Council of Ministers, Hon. Dr Harrison Mwakyembe, seeking for more time to enable the United Republic of Tanzania to make input.
Hon. Dr Mwakyembe then informed the House that the United Republic of Tanzania was expected to go to the polls in October and that it was necessary for the debate to be put on hold until such time that a new Government is in place to effectively enable the Partner State to make its input.
The EAC Disaster Risk Reduction Bill 2013, on its part, seeks to provide a legal framework for intervention and assistance for people affected by Climate Change and natural-related hazards and to protect the natural environment through integration of comprehensive Disaster Risk Reduction and management practices in the EAC.
Debate on the Bill, moved for second reading in August 2013, was halted following a request by the Council of Ministers to consult and consider its policy implications. The EAC Ministers’ further called for the taking over of the Bill for appropriate amendment and re-introduction as a Council of Ministers’ Bill. At the same time, the move was to allow for pursuit of the ratification of the EAC Protocol on Peace and Security which among other objectives, provides for co-operation in DRR management and crisis response.
During the Plenary Sittings, the House is also expected to receive and to debate on a number of reports. They include that of the Committee on Accounts for the Audited Financial Statements of EAC for the Financial Year ended 30th June 2014 and the Committee on Agriculture, Tourism and Natural Resources report on the sensitisation workshop on standards by the African Organisation of Standardisation.
The Report of the Committee on Communication, Trade and Investment on the on-spot assessment of One-Stop Border Posts in the EAC is also expected to be tabled and debated.
In addition, the Committee on Legal, Rules and Privileges shall table its Report on the implementation of Resolutions and Questions of the Assembly and Council commitments.
EALA sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. Its last sitting took place in Nairobi, Kenya in October 2015. EALA meets at least once in every year at its headquarter in Arusha, Tanzania.
The East African Community (EAC) Secretary-General, Amb. Dr Richard Sezibera over the weekend hosted the outgoing Ambassador of the Head of Delegation to Tanzania and East African Community at European Union, H.E. Filiberto Ceriani Sebregondi to a farewell dinner at the Arusha Coffee Lodge.
Speaking at the dinner, the Secretary-General extolled the outgoing Ambassador for not only enhancing greater development for the people of East Africa, but also for his immense contribution to the EAC integration agenda.
“Although this is a sobering moment, I am glad that you, Amb. Sebregondi, have been a part of our success,” said Amb. Sezibera. “I would also like to thank the EU for believing in us and for supporting our objective of widening and deepening cooperation among the Partner States in, among others, political, social, economic and social fields for the mutual benefits of our citizenry”, he said.
Under the leadership of Amb. Sebregondi, the EU supported EAC’s Regional Integrated Support Programmes (RISP 3) – (Euro 2.7 Mil); Maritime Security Programme (MASE) – (Euro 2.3 Mil); Regional Electoral Support Programme to support strengthening of the EAC electoral observation methodology (EAC RESP) – (Euro 5 Mil); the Inter-Regional Coordinating Committee (IRCC) – (Euro 1.5 Mil), in addition to supporting several East Africa infrastructure projects including the Road Network / Road Transport Corridors, Energy Sector and One-Stop Border Posts.
The First Instance Division overruled the objections of the Secretary-General blocking Hon. Zziwa from giving evidence in Court without seeking leave of the Assembly. This is her case versus the Secretary-General alleging that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community. The Court went further and re-scheduled the matter for hearing on 18th and 19th November 2015.
In its ruling, the Court said that it found that it has not been satisfactorily established before the Court that the evidence the Applicant intends to adduce before the Court does not fall in the ambit (realm) of Section 20 of the EALA Powers and Privileges Act 2003. That it would be premature at this stage to forestall her (Applicant) evidence on the pretext (alleged reason) that it does not comply with the provision of the said Section and again, the Court held that it would also be premature to adjudge the Applicant’s evidence and prevent her from testifying in her matter.
The Court reiterated its earlier position that the Act is a valid Community Law and must be complied with by all the witnesses that seek to adduce evidence in Court, however that the only exception in this regard for present purposes would be the Clerk to the Assembly who was summoned as a witness in this matter pursuant to the Court order that must be obeyed.
Further, that it is non-negotiable tenet (principle) of the Rule of Law that all Court’s orders must be respected and obeyed. In that result, the Court was satisfied that the documentation produced by the Clerk to the Assembly is properly on record pursuant to Court order and the Clerk is under legal obligation to appear as a witness in this matter pursuant to the said order without need for special leave of the Assembly. The Court also added that in any event should he in his own volition / option deem it necessary to seek leave of the Assembly, the onus / duty will be upon him having been duly served with the witness summons to secure the said leave.
This matter previously was scheduled for hearing of oral evidence on 8th and 9th September 2015, however the Respondent (Secretary-General) represented by Mr Stephen Agaba raised the preliminary objection on a preliminary point of law premised on Sec 20 of the EALA Powers and Privileges Act 2003. The main issue was that the witnesses were all Members and Officers of EALA but had not secured the leave from the Assembly to adduce evidence in the Court.
The subject of the main case is that the Applicant (Zziwa) alleges that in contravention of Articles 53 and 56 of the Treaty, Rule 9 and Annex 3 of the Rules of Procedure of EALA and Rule of law, on 26th November 2014, some members of EALA convened in the Assembly chambers, summoned the Clerk of the Assembly to “preside over the Assembly”, re-instated a motion / process of removal of the Speaker, referred the motion to the Committee on Legal, Rules and Privileges for investigations, “suspended” the Speaker / Applicant from exercising the functions of the Office of Speaker and appointed one of them to preside over the proceedings. That the Committee’s action of conducting investigations on a non-existing motion was an illegality. That the Committee as constituted for the purposes of investigations was improper and breached the rules of natural justice, specifically the rule against bias.
The Court had directed the Clerk of the East African Legislative Assembly to appear in Court as one of the witnesses who was required to give evidence but he did not appear in Court.
In February 2015, the Court allowed Hon. Margaret Nantongo Zziwa to withdraw her Application seeking to stop her impeachment from the Office of the Speaker because the prayers sought had been overtaken by events and the Assembly had elected a new Speaker.
The ruling of the Court was delivered by a bench of three Hon. Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Fakihi A. Jundu and Justice Audace Ngiye in open Court.
The East African Community (EAC) Secretary-General, Amb. Dr Richard Sezibera graced the 11th graduation ceremony at Mount Meru University as chief guest over the weekend.
While addressing the gathering, the Secretary-General appreciated the efforts by the institution towards achieving academic excellence, adding that it a shining example of integration at work. “I cannot overemphasise the fundamental role that education plays in uniting people”, said Amb. Sezibera.
“Today, you are all graduates of one university, and you share the common concepts of your institution - knowledge, wisdom, excellence, God fearing, skilled, proactive, visionary, hardworking and transforming servant leaders. It is these same concepts that have created a clear bond between universities and regional integration”, he said.
The EAC, through the Inter-University Council for East Africa, is playing a key role in the harmonisation of the education systems in the region. This will not only ensure that the established systems conform to the international practices, procedures and guidelines, but will also lead to international credibility and competitiveness.
A total of 783 students from Mount Meru University’s main campus in Arusha received their diploma, bachelor’s and master’s degree certificates in Theology, Education and Business.
The East African Community Partner States of the Republics of Burundi, Kenya, Rwanda, Uganda and The United Republic of Tanzania have gone another step ahead in regional integration by organising joint event at the World Travel Market in London.
This year the event focused on quality, improved services and standards, tourism opportunities, safety and security and lowered investment thresholds in the region in promoting it as a single tourist destination.
Speaking at the EAC joint event, Hon. Dr Maria Mutagamba, Minister for Tourism, Wildlife and Antiquities, Uganda, stated that the EAC Partner States have fully embarked on the operationalisation of a Common Market Protocol. With a combined population above 135 million as well as a collective estimated GDP of 85.00 billion U.S. dollars, the Common Market will have a positive economic impact for the entire EAC Region.
Since it was adopted in 2009, the Common Market Protocol has enabled the gradual free movement of people, capital, goods and services especially in the hospitality and travel industry sector where the removal of Non-Tariff Barriers has shown to be one of the stimulus factors.
Dr Mutagamba said tourism plays a key role in fostering regional economic growth and improving regional tourist products, such as the standardisation of accommodation and other hospitality services, whereby showing quality is more important than quantity and will go a long way in reassuring our UK market of their continued support and increased visits to the region.
She further stated that sustainable and optimal utilisation of the resources as a region requires striking the balance between developing creative “products” that will continuously attract visitors to the region and sustaining the natural resources the region have been blessed with.
Hon. Minister reiterated that promoting the EAC as a Single Tourism Destination is the only way to optimise the region’s potential. The single tourist visa is now operational in three countries i.e. Kenya, Uganda and Rwanda and sales of multiple, cross-border destination packages have increased significantly in recent years due to strengthened cross-border tour operators co-operation, added Dr Maria.
The East African Community region has numerous unique and awesome attractions. The coastal zones of Mombasa and Zanzibar’s wonderful beaches and smiling faces of the coastal people will mesmerise you. The Heart of Africa in the land of a thousand hills you will meet our closest ape relative (Mountain gorilla) residing at the national park bordering Rwanda and the Pearl of Africa, Uganda, you will see more of them at Bwindi National Park. East Africa has even more to offer such as the world second largest migration at Serengeti - Maasai Mara; the source of the famous Nile river without forgetting Mt. Kilimanjaro the roof of Africa, stated the Minister.
She informed the participants who attended the event that safety and security is key to fostering tourism development in the region. Due to the increasing security threats from neighbours, joint efforts have helped minimise the consequences and ensured a durable solution. In this regard, the Ministers responsible for tourism have been fully addressing the negative image portrayed and subsequent, negative travel advisories issued.
Hon. Minister also called for the EAC’s increased foreign investment in the tourism sector. Though investment in this sector has recently registered significant increase, more is welcomed as East African countries are making strides in providing more enabling environment for foreign investors.
She disclosed several incentives granted in the region including a tax-free environment for a fixed period, quick registration services for the new companies and professional on-site guidance and friendly financing mechanisms.
Dr Mutagamba urged all the tourists to always plan their visits to the region using credible information. One such tool is the regional travel magazine “Travellers Around and About East Africa” which will continue to provide important and useful information in different forms about the region to visitors moving around the East Africa Community. The magazine will also provide pertinent and strategic information on the various lucrative investment opportunities in the region ranging from improving tourism facilities, standardising accommodation establishments and many more.
The event was graced by UK Buyers, Partner States Tour Operators, High Commissioners from the EAC Countries in the UK, Directors of Tourism and Wildlife Management. Vibrant songs and dances from various regions of the Community entertained guests.
The First Instance Division dismissed a case filed by a Ugandan national, Oscar Okaly Opuli, against the Secretary-General of the East African Community (1st Respondent) and the Republic of Uganda (2nd Respondent) alleging that the Government of Uganda’s failure to investigate David Greenhugh and business related to Trafficking of Military Goods from Ukraine to Sudan through Uganda, a conduct which is contrary to the United Kingdom’s Export Control Order Act 2008 and the East African Community Laws is an infringement of the Treaty. The Applicant also alleges that the Secretary-General’s inaction constitutes an infringement of the Treaty for the Establishment of the EAC.
In February 2015, the Court directed the Applicant to file evidence of a witness by way of affidavit and his submissions with the Court by 8th May 2015. To date, none of the orders have been complied with and the Court has gone ahead and dismissed the matter.
The Court in its ruling stated that, they agree with the Counsel for the Respondents that no sufficient reasons had been advanced by the Counsel for the Applicant for his failure to take steps ordered by the Court on 23rd Feb 2015 after the Scheduling Conference.
The Principal Judge Hon. Lady Justice Monica Mugenyi further said that in absence of sufficient reasons such failure amounts to abuse of Court process. The Court therefore exercised its discretion under Rule 1(2) and 66(3) of the Court’s Rules of procedure and dismissed the case.
Before the Court ruled, the Lawyer for the Applicant submitted that the Applicant lost contact with the witness leading to the delay in filing of the Submission as the Court had ordered in February 2015 and was requesting the Court for more time of 30 days to file the same.
Mr Stephen Agaba representing the Secretary-General also submitted opposing the prayer for the Applicant and said that Applicant has consistently shown lack of interest in the matter since the time the Court directed him to file his submission up to today.
That this was evidenced by his failure to communicate to Court what the challenge was. He further said that if he had failed to submit the requirements in eight months then he might not do the same in the one month being requested for. Mr Agaba asked Court to strike out the case because the Applicants have failed to fulfil their obligations and that is the abuse of the Court’s process.
The 2nd Respondent (Attorney General of Uganda) represented by Ms Margaret Nabakooza also associated herself with the submissions of Counsel for the Secretary-General and asked Court to dismiss the case.
The matters came before a bench of the Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Dr Faustin Ntezilyayo, and Justice Fakihi A. Jundu.
