6(d) and 7(2) of the Treaty in so far as it offends the principle of separation of
powers
inherent therein. However,
we are not satisfied that that appointment
and remuneration of the Special Court’s Judges as outlined in Articles 5 and 8
of the Act respectively has been proven as outlined in Articles 5 and 8 of the
Act respectively has been
proven to impute partiality the Executive branch of
government on the Judges; part.
To that extent, therefore, Issue No.3 hereof
succeeds in part and fails in part.
Issue No.4:
80.
Whether the Applicants are entitled to the prayers sought
The Applicant sought the following Prayers in the Reference:
a. A
declaration
that
the
system
of
administration
of
justice
and
governance adopted by Act No.1/26 is not conducive to the effective
administration of justice as envisaged in the spirit of Articles 6(d) and
7(2) of the Treaty.
b. A
Declaration
that judicial
power
is dependent
on
the
Executive,
which constitutes a breach of Articles 6(d) and 7(2) of the Treaty.
c. A Declaration
employed
by
that that the procedure
the
Special
Court
adopted
is
a
by Act No.1/26
breach
of
and
international
instruments on the right to an independent and impartial judge as well
as the right to a fair trial as provided by Articles 9(d) and 7(2) of the
Treaty.
d. A
declaration
that
Act
No.
1/26
constitutes
an
infringement
violation of the provisions of the Treaty.
e. A Declaratory Order for the immediate annulment of Act. No. 1/26.
Reference No. 15 of 2014
Page 36
and