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IN THE EAST AFRICAN COURT OF JUSTICE AT ARUSHA FIRST INSTANCE DIVISION (Coram: Monica Mugenyi, PJ; Isaac Lenaola, DPJ; & Fakihi A. Jundu J) APPLICATION NO.5 OF 2015 (Arising from Reference No. 2 of 2015) EAST AFRICAN CIVIL SOCIETY ORGANISATIONS FORUM (EACSOF)……………………………………………………………………………………………. APPLICANT VERSUS 1. ATTORNEY GENERAL OF BURUNDI…………………………….. 2. COMMISSION ELECTORALE NATIONALE …………………… INDEPENDENTE (CENI) RESPONDENTS 3. SECRETARY GENERAL EAST AFRICAN COMMUNITY …………………………………….. 29TH JULY, 2015 Reference No. 5 of 2015 Page 1

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05/15 East African Civil Society Organisations Forum v Attorney General of Burundi & 2 Others

EACJ Decision

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Type of Document

Ruling

Country

EAC / EAC Organ
State Agent

Keywords

Actio popularis
Peace and Security

Outcome: Case Dismissed

Year Decided: Jul 29, 2015

Rights Violated (EACJ Treaty Provisions)

None Indicated

Duration of Procedure: ~ Jul 29, 2015

Primary Documents

05_15 East African Civil Society Organisations Forum v Attorney General of Burundi & 2 Others.pdf
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Treaty for the Establishment of the East African Community

ARTICLE 137Official Language1.The official language of the Community shall be English.2.Kiswahili shall be developed as a lingua francaof the Communit

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 46Official Language of the CourtThe official language of the Court shall be English

Treaty

The East African Court of Justice Rules of Procedure 2013

8. (1) Judgment shall be delivered within sixty (60) daysfrom the conclusion of the hearing except where the Court is unable to do so.(2)At the close of the hearing the Court may give its judgment at once or on some future date which may be appointed then or subsequently notified to the parties. (3)The Court may, in any particular case, direct that only the decision of the Court and not the reasons for it shall be delivered in Court. The reasons for judgment shall be given on a date to be notified by the Registrar to the parties. (4)One judgment shall be given as the judgment of the Court and shall be signed by the judges who participated in it, but a judge who dissents shall not be required to sign the judgment and may, in his discretion, write a dissenting judgment. The same applies to an order other than one made by a single judge. (5)The judgment of the Court shall contain—(a)the date on which it is read; (b)the names of the judges participating in it; (c)the names of the parties; (d)the names of the advocates and agents of the parties; (e)a concise statement of the facts; (f)the points for determination; (g)the decision arrived at; (h)the reasons for such decision; (i)the operative part of the judgment, including the decision as to costs.

Rules of Procedure

Treaty for the Establishment of the East African Community

ARTICLE 39Interim OrdersThe Court may, in a case referred to it, make any interim orders or issue any directions which it considers necessary or desirable. Interim orders and other directions issued by the Court shall have the same effect ad interimas decisions of the Court.

Treaty

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.Court vacationsHolidaysInterlocutory applications17

Rules of Procedure

Treaty for the Establishment of the East African Community

ARTICLE 5Objectives of the Community1.The objectives of the Community shall be to develop policies and programmes aimed at widening and deepening co-operation among the Partner States in political, economic, social and cultural fields, research and technology, defence, security and legal and judicial affairs, for their mutual benefit.2.In pursuance of the provisions of paragraph 1 of this Article, the Partner States undertake to establish among themselves and in accordance with the provisions of this Treaty, a Customs Union, a Common Market, subsequently a Monetary Union and ultimately a Political Federationin order to strengthen and regulate the industrial, commercial, infrastructural, cultural, social, political and other relations of the Partner States to the end that there shall be accelerated, harmonious and balanced development and sustained expansion of economic activities, the benefit of which shall be equitably shared.3.For purposes set out in paragraph 1 of this Article and as subsequently provided in particular provisions of this Treaty, the Community shall ensure:(a)the attainment of sustainable growth and development of the Partner States by the promotion of a more balanced and harmonious development of the Partner States;(b)the strengthening and consolidation of co-operation in agreed fields that would lead to equitable economic development within the Partner States and which would in turn, raise the standard of living and improve the quality of life of their populations;(c)the promotion of sustainable utilisation of the natural resources of the Partner States and the taking of measures that would effectively protect the natural environment of the Partner States;(d)the strengthening and consolidation of the long standing political,economic, social, cultural and traditional ties and associations between the peoples of the Partner States so as to promote a people-centeredmutual development of these ties and associations;(e)the mainstreaming of gender in all its endeavours and the enhancement of the role of women in cultural, social, political, economic and technological development; 13(f)the promotion of peace, security, and stability within, and good neighbourliness among, the Partner States; (g)the enhancement and strengthening of partnerships with the private sector and civil society in order to achieve sustainable socio-economic and political development; and(h)the undertaking of such other activities calculated to further the objectives of the Community, as the Partner States may from time to time decide to undertake in common

Treaty

Treaty for the Establishment of the East African Community

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

Treaty for the Establishment of the East African Community

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.

Treaty

Treaty for the Establishment of the East African Community

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

Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

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

Treaty

Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

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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