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Reference No.5 of 2013 Final

EACJ Decision

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Introduction2
Factual Background3
The Applicants ’ Case4
The Respondent’s Case7
Scheduling Conference9
Determination of the Issues9
Whether this is a Matter for Interpretation Before this Honourable Court Pursuant to Articles 27(1) and 30(1) & (3) of the Treaty10
The Applicant’s Submissions10
The Respondent’s Submissions11
Determination on Issue No.112
Whether this Honourable Court can find Against an Entity that is not a Party to this Reference and Specifically Quality Chemical Industries Limited15
The Respondent’s Submissions16
Determination on Issue No.217
Whether the Content and the Implications of the Inspectorate of Government’s Letter dated 8 th July, 2013 was in Breach of Principles of Good Governance, Rule of Law, Accountability and Transparency Contrary to the Provisions of Articles 6(d), 7(2) and 8(1)(c ) of the Treaty18
The Applicant’s Submissions18
The Respondent’s Submissions22
Determination on Issue No.324
Whether There was any Loss of USD17,826,038.94 by the Government of Uganda and Quality Chemical Limited 32
The Application’s Submissions32
The Respondent’s Submissions33
Determination on Issues No.433
Whether There was Inaction, Refusal Failure by the Government of Uganda to Recover USD17,826,038.94 from Quality Chemical Industries Limited 33
What Reliefs are Available to the Parties?34
Prayer (1)34
Prayer (2)34
Prayer (3)35
Prayer (4)35
Conclusion36

Reference No.5 of 2013 Final

EACJ Decision

Preview

Type of Document

Judgement

Country

State Agent

Keywords

Discrimination
Right to Health

Outcome: Case Dismissed

Year Decided: 14 مايو 2015

Rights Violated

Non Indicated

Duration of Procedure: 25 يوليو 2013 ~ 14 مايو 2015

المستندات الأولية

05_13 Godfrey Magezi v Attorney General of Uganda.pdf
English
تحميل عرض

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.

Treaty

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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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

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

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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.

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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;

Treaty

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

24. (1) A reference by a Partner State, the Secretary GeneralReferencesor any person under Articles 28, 29, 30 respectively of the Treatyshall be instituted by lodging in the Court a statement of reference.(2) A statement of reference under sub-rule (1) shallstate—(a)the name, designation, address and where applicable residence of the applicant; (b)the name, designation, address and where applicable residence of the respondent; (c)the subject-of the reference and a summary of the points of law on which the application is based; (d)where appropriate, the nature of any evidence offered in support; (e)the relief sought by the applicant. (3)Where the reference seeks the annulment of an Act, regulation, directive, decision or action, the statement of reference shall be accompanied by documentary evidence of the same. (4)Where the reference is made by a body corporate the statement of reference shall be accompanied by documentary evidence of the existence in law of that body corporate. (5)The Applicant shall serve on every respondent named in the reference and where applicable on the Secretary General a notification of the reference and a copy of the statement of reference.

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31ARTICLE 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.ARTICLE

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

47. (1) The Court may, on application of any party, strikeout or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document—Striking out pleadings(a)may prejudice or delay the fair trial of the case; or (b)is scandalous, frivolous or vexatious; or (c)is an abuse of the process of the Court.

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for mutual benefit.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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9"Sectoral Committees" means Sectoral Committees established by Article 20 of this Treaty;"Sectoral Council" means the Sectoral Council provided for under Article 14 of this Treaty;"shipping agent" means a local representative of a shipping company;“Speaker of the Assembly” means the Speaker of the Assembly provided for under Article 53 of this Treaty."subsidy" means a financial contribution by Government or any public body within the territory of a Partner State or where there is any form of income or price support in the sense of Article XVI of GATT 1994;"Summit" means the Summit established byArticle 9 of this Treaty."surviving institutions of the former East African Community" means the East African Civil Aviation Academy, Soroti, the East African Development Bank, the East African School of Librarianship and the Inter-University Council for East Africa;"telecommunications" means any form of transmission, emission or reception signal, writing, images and sounds or intelligence of any nature by wire, radio, optical or other electro-magnetic systems;"trade procedure” means activities related to the collection, presentation, processing and dissemination of data and information concerning all activities constituting international trade;"Treaty" means this Treaty establishing the East African Community and any annexes and protocols thereto;2.In this Treaty, a reference to a law or protocol shall be construed as a reference to the law or protocol as from time to time amended, added to or repealed.

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RTICLE 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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ICCPR

Article 191. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

UN Document

ICCPR

Article 21 The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others

UN Document

ICCPR

Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention

UN Document

ICCPR

Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality,to public service in his country.

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

111.(1) Costs in any proceedings shall follow the event Costsunless the Court shall for good reasons otherwise order. (2)If it appears to Court that costs have been incurred improperly or without reasonablecause by reason of any misconduct or default of the party and or advocate, the Court may call on the advocate by whom such costs have been so incurred to show cause why such costs should not be borne by the advocate personally, and thereupon may make suchorder as the justice of the case requires.

Rules of Procedure

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- Treaty86
- Rules of Procedure3
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