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IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA FIRST INSTANCE DIVISION (Coram: Isaac Lenaola, DPJ, Faustin Ntezilyayo, J, Monica K. Mugenyi J.) APPLICATION NO. 5 OF 2013 (Arising from Reference No. 9 of 2012) VENANT MASENGE..........................................APPLICANT VERSUS 1. THE ATTORNEY GENERAL OF THE REPUBLIC OF BURUNDI.…................. RESPONDENT 18TH JUNE 2014 1

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APPLICATION NO. 05 OF 2013 Venant Masenge 18 June 2014 final

EACJ Decision

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Type of Document

Ruling

Country

State Agent

Keywords

Land Rights

Outcome: Case Dismissed

Year Decided: 18 يونيو 2014

Rights Violated

Non Indicated

Duration of Procedure: 30 أكتوبر 2013 ~ 18 يونيو 2014

المستندات الأولية

05_13 Venant Masenge v Attorney General of Burundi.pdf
English
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تحميل عرض

EACJ Treaty

Treaty

EACJ Treaty

ARTICLE 7Operational Principles of the Community1.The principles that shall govern the practical achievement of the objectives of the Community shall include:(a)people-centeredand market-driven co-operation; 14(b)the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;(c)the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;(d)the principle of subsidiarity with emphasis on multi-level participation and the involvement of a wide range of stake-holders in the process of integration;(e)the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;(f)the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;(g)the principle of complementarity; and(h)the principle of asymmetry.2.The Partner States undertake to abide by the principles of good governance, includingadherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights

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EACJ Treaty

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EACJ Treaty

ARTICLE 3Membership of the Community1.The members of the Community, in this Treaty referred to as "the Partner States", shall be the Republic of Uganda, the Republic of Kenya and the United Republic of Tanzania and any other country granted membership to the Communityunder this Article.2.The Partner States may, upon such terms and in such manner as they may determine, together negotiate with any foreign country the granting of membership to, or association of that country with, the Community or its participation in any of the activities of the Community.3.Subject to paragraph 4 of this Article, the matters to be taken into account by the Partner States in considering the application by a foreign country to become a member of, be associated with, or participate in any of the activities of the Community, shall include that foreign country’s:(a)acceptance of the Community as set out in this Treaty;(b)adherence to universally acceptable principles of good governance, democracy, the rule of law, observance of human rights and social justice;(c)potential contribution to the strengthening of integration within theEast African region; 11(d)geographical proximity to and inter-dependence between it and the Partner States; (e)establishment and maintenance of a market driven economy; and(f)social and economic policies being compatible with those of the Community.4.The conditions and other considerations that shall govern the membership or association of a foreign country with the Community or its participation in any of the activities of the Community shall be as those prescribed in this Article.5.The granting of observer status with respect to the Community shall:(a)in case of a foreign country, be the prerogative of the Summit; and(b)in case of an inter-governmental organization or civil society organisation, be the prerogative of the Council.6.The procedure to be followed with respect to the foregoing provisions of this Article shall be prescribed by the Counci

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EACJ Treaty

ARTICLE 6Fundamental Principles of the CommunityThe fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shallinclude:(a)mutual trust, political will and sovereign equality;(b)peaceful co-existence and good neighbourliness;(c)peaceful settlement of disputes;(d)good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights;

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EACJ Treaty

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EACJ Treaty

ARTICLE 8General Undertaking as to Implementation1.The Partner States shall:(a)plan and direct their policies and resources with a view to creating conditions favourable for the development and achievement of the objectives of the Community and the implementation of the provisions of this Treaty; (b)co-ordinate, through the institutions of the Community, theireconomic and other policies to the extent necessary to achieve the objectives of the Community; and 15(c)abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of this Treaty.2.Each Partner State shall, within twelve months from the date of signing this Treaty,secure the enactment and the effective implementation of such legislation as is necessary to give effect to this Treaty, and in particular -(a)to confer upon the Community the legal capacity and personality required for the performance of its functions; and(b)to confer upon the legislation, regulations and directives of the Community and its institutions as provided for in this Treaty, the force of law within its territory.3.Each Partner State shall -(a)designate a Ministry with which the Secretary General may communicate in connection with any matter arising out of the implementation or the application of this Treaty, and shall notify the Secretary General of that designation;(b)transmit to the Secretary General copies of all relevant existing and proposed legislation and its official gazettes; and (c)where it is required under this Treaty, to supply to or exchange with another Partner State any information, send copies of such information to the Secretary General.4.Community organs, institutions and laws shall take precedence over similar national ones on matters pertaining to the implementation of this Treaty.5.In pursuance of the provisions of paragraph 4 of this Article, the Partner States undertake to make the necessary legal instruments to confer precedence of Community organs, institutions and laws over similar national ones

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EACJ Treaty

ARTICLE 30Reference by Legal andNatural Persons1.Subject to theprovisions 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,regulation, directive, decision or action of a Partner State or aninstitution of the Community on the grounds that such Act, regulation, directive, decision or action is unlawful or isan infringement of the provisions of this Treaty.2.The proceedings provided for in this Article shall be instituted within two monthsof the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;3.The Court shall have no jurisdiction under this Article where an Act, regulation, directive, decision or action has been reserved under this Treaty to an institution of a Partner State.

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1. The East African Court of Justice Rules of Procedure 2013

The East African Court of Justice Rules of Procedure 2013“Appellate Division” means the Appellate Division ofthe Court provided for under Article 23 of the Treaty;“Counsel to the Community” means the Counsel to theCommunity provided for under Article 69 of the Treaty;“Court” means the East African Court of Justiceestablished under the Treaty and includes asingle Judge exercising any power vested in that Judge sitting alone;“Decree” means the formal expression of anadjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to any of the matters in controversy in the suit and may be either preliminary or final.“Deputy Principal Judge” means the Deputy PrincipalJudge of the Court;“Deputy Registrar” means the Deputy Registrar of theCourt;“First Instance Division” means the First InstanceDivision of the Court provided for under Article 23 of the Treaty;“Gazette” means the East African Community Gazette;“Intervener”means a Partner State, the SecretaryGeneral or a resident of a Partner State not a party to a case before the Court, that is permitted to intervene in a case in accordance with Section VIII;“Judge” means a Judge of the Court serving on theFirst Instance Division or the Appellate Division;“National Court” means a court of competentjurisdiction in a Partner State;8 The East African Court of Justice Rules of Procedure 2013“National day” means the Independence day in theRepublic of Burundi, Jamhuri day in the Republic of Kenya; the Independence day in the Republic of Rwanda; the Union day in the United Republic of Tanzania and the Independence day in the Republic of Uganda;“Notice of motion” means a party’s written notice,under these Rules requesting the Court’s determination on an interlocutory application pertaining to a matter before the Court.“Notification” means a notice of claim issued by theCourt in accordance with sub-rule (1) of Rule 26 of these Rules;“Official holiday” includes the national days of thePartner States as well as New Year’s Day, Idd el Fitr, Idd el Haj, Good Friday, Easter Monday, Labour Day, Christmas and Boxing Day;“Pleading” includes any document lodged by or onbehalf of a party relating to a matter before the Court;“President” means the President of the Court;“Principal Judge” means Principal Judge of the Court;“Registrar” means the Registrar of the Court or otherofficer acting on his behalf;“Registry” means the Court registry or sub-registry;“Representative” means a person that is empowered tostand or act for another;“Rules” means these Rules as may from time to time beamended;9 The East African Court of Justice Rules of Procedure 2013Computation of time“Statement of claim” means a party’s written statementseeking the Court’s determination of a dispute between the Community and an employee“Statement of reference”means a party’s writtenstatement seeking the Court’s determination of a reference brought before it.“Treaty” means the Treaty for the Establishment of theEast African Community;“Vice-President” means the Vice-President of theCourt.

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

1.(1) These Rules may be cited as “The East African Court of Justice Rules of Procedure 2013” and shall come into force on such date as the President may appoint by notice in the Gazette. (2)Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

Rules of Procedure

EACJ Treaty

Treaty

1. The East African Court of Justice Rules of Procedure 2013

21. (1) Subject to sub-rule (4) of this Rule, all applicationsto the First Instance Division shall be by motion, which shall state the grounds of the application.(2) No motion shall be heard without notice to the parties affected by the application.Provided, however, that the First Instance Division, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable injustice, may hear the motion and make any ex parteorder upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Division deems just.

Rules of Procedure

EACJ Treaty

ARTICLE 23Role of the Court1.The Court shall be a judicial body which shall ensure the adherence to law in the interpretation and application of and compliance with this Treaty.2.The Court shall consist of a First Instance Division and an Appellate Division.3.The First Instance Division shall have jurisdiction to hear and determine, at first instance, subject to a right of appeal to the Appellate Division under Article 35A, any matter before the Court in accordance with this Treaty.

Treaty

EACJ Treaty

ARTICLE 27Jurisdiction of the Court1.The Court shall initially have jurisdiction over the interpretation and application of this Treaty:Provided that the Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States. 302.The Court shall have such other original, appellate, human rights and other jurisdictionas will be determined by the Council at a suitable subsequent date. To this end, the Partner States shall conclude a protocol to operationalise the extended jurisdiction

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EACJ Treaty

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EACJ Treaty

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