(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.” Article 7(2) of the Treaty reads:“The Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.” Lastly, Article 8(1)(c) states that:“The Partner States shall abstain from any measures likely to jeopardize the achievement of the objectives or the implementation of the provisions of this Treaty.” 64. In his submissions, the Applicant submitted and insisted on the definition of good governance, democracy and rule of law as the basis of his Reference whereas the Respondent argued that the above definitions were cited out of context save for the one laid down in James Katabazi [supra] where this Court found that:“The rule of law requires the government to exercise its powers in accordance with well-established and clear rules, regulations and legal principles …. when a government official acts, pursuant to an express provision of a written law, he acts within the rule of law.” Reference No. 5 of 2013 Page 25

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