He contended that it is the Court’s duty to interpret and apply the
provisions of the Treaty and to inform itself of the relevance of provisions
that may affect its decisions.
In conclusion, he submitted that, the Reference was filed out of time and
prayed that this Court be pleased to dismiss it with costs.
As said previously, Ms. Munyi, Counsel for the 2nd Respondent did not file
written submissions. Nevertheless, during the last hearing of the Reference
on 18th November, 2013, she associated herself with the submissions of the
1st Respondent on the issue of time limitation.
She further referred the
Court to the list of Authorities, in particular the decision of the Appellate
Division in Omar Awadh case (supra) where the Court held that the Treaty
does not contain any provision which allows any disregard about the time
limit of two months prescribed in Article 30(2).
Counsel for the 2nd Respondent, therefore, urged the Court to hold the same
by dismissing the Reference with costs to the 2nd Respondent.
FINDINGS OF THE COURT ON ISSUE NO.2
For ease of Reference, we shall reproduce the content of Article 30(1) and (2)
and analyze especially sub Article 2:
(1)
“Subject to the Provisions of Article 27 of this Treaty, any
person who is resident in a Partner State may refer for
determination by the Court, the legality of any Act,
directive, decision or action of a Partner State or an
institution of the Community on the grounds that such Act,
regulation, directive, decision or action is unlawful or is an
infringement of the provisions of this Treaty;
(2)
The proceedings provided for in this Article shall be
instituted within two months of the enactment, publication,
REFERENCE NO.11 OF 2011
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