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State defence secrets and against the moral and physical integrity of one or more persons is in violation of Articles 6(d) and 7(2) of the Treaty. c) The Republic of Burundi shall, in accordance with Article 38(3) of the Treaty take measures, without delay, to implement this Judgement within its internal legal mechanisms; d) Prayer (iii) in the Reference is dismissed; and e) Each Party shall bear its costs. 124. Orders accordingly. Delivered, dated and signed this 15th day of May, 2015 at Arusha. ………………………….. ISAAC LENAOLA DEPUTY PRINCIPAL JUDGE …………………………….. FAUSTIN NTEZILYAYO JUDGE ………………………… MONICA MUGENYI JUDGE Reference No. 5 of 2013 Page 43

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Introduction2
Background3
The Applicant's Case5
The Respondent’s Case7
Scheduling Conference8
Whether the Reference is Properly Before This Court9
Applicant’s Submissions9
Respondent’s submissions10
Amici Curiae ’s Submissions10
Determination on Issue (a) 11
Whether the Provisions of the Burundi Press law are Inconsistent With and in Violation of Articles 6(D) and 7(2) of the Treaty13
Submissions by the Applicant14
Submissions by the Respondent20
Submissions by the Amici Curiae21
Determination on Issue (b)25
Whether the Applicant is Entitled to the Reliefs Sought41
Final Orders42

07/13 Burundian Journalists Union v Attorney General of Burundi

EACJ Decision

Preview

Type of Document

Judgement

Country

Burundi
State Agent

Keywords

Freedom of Expression / Digital Rights

Outcome: Decided on Merits

Year Decided: May 15, 2015

Rights Violated (EACJ Treaty Provisions)

None Indicated

Duration of Procedure: ~ May 15, 2015

Country Geolocation

Latitude: -3.373056

Longitude: 29.918886

Country Geolocation (linked EACJ Decision): Burundi

Primary Documents

07_13 Burundian Journalists Union v Attorney General of Burundi.pdf
English
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Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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

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.

Rules of Procedure

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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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

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

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Treaty for the Establishment of the East African Community

ARTICLE 9Establishment of the Organs and Institutions of the Community1.There are hereby established as organs of the Community:(a)the Summit;(b)the Council;(c)the Co-ordination Committee;(d)Sectoral Committees;(e)the East AfricanCourt of Justice;(f)the East African Legislative Assembly;(g)the Secretariat; and(h)such other organs as may be established by the Summit.2.The institutions of the Community shall be such bodies, departments and services as may be established by the Summit.3.Upon the entry into force of this Treaty, the East African Development Bank established by the Treaty Amending and Re-enacting the Charter of the East African Development Bank, 1980 and the Lake Victoria Fisheries Organisation established by theConvention (Final Act) for the Establishment of the Lake Victoria Fisheries Organisation, 1994and surviving institutions of the former East African Community shall be deemed to be institutions of the Community and shall be designated and function assuch.4.The organs and institutions of the Community shall perform the functions, and act within the limits of the powers conferred upon them by or under this Treaty.5.In the appointment of staff and composition of the organs and institutions of the Community, gender balance shall be taken into account.

Treaty

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

ARTICLE 17Composition of the Co-ordination CommitteeThe Co-ordination Committee shall consist of the Permanent Secretaries responsiblefor East African Community affairs in each Partner State and such other Permanent Secretaries of the Partner States as each Partner State may determine.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 19Meetings of the Co-ordination Committee1.Subject to any directions which may be given by the Council, the Co-ordination Committee shall meet at least twice in each year preceding the meetings of the Council and may hold extraordinary meetingsat the request of the Chairperson of the Co-ordination Committee.2.The Co-ordination Committee shall determine its own procedure including that for convening its meetings, for the conduct of business thereat and at other times, and for the rotation of the office of Chairperson among its members who are Permanent Secretaries responsible for East African Community affairs in each Partner State.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 18Functions of the Co-ordination CommitteeThe Co-ordination Committee:(a)shall submit from time to time, reports and recommendations to the Council either on its own initiative or upon the request of the Council, on the implementation of this Treaty;(b)shall implement the decisions of the Council as the Council may direct; (c)shall receive and consider reports of the Sectoral Committees and co-ordinate their activities;(d)may request a Sectoral Committee to investigate any particular matter; and(e)shall have such other functions as are conferred upon it by this Treaty.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 20Establishment and Compositionof Sectoral CommitteesThe Co-ordination Committee shall recommend to the Council the establishment, composition and functions of such Sectoral Committees as may be necessary for the achievement of the objectives of this Treaty.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 32Arbitration Clausesand Special AgreementsThe Court shall have jurisdiction to hear and determine any matter:(a)arising from an arbitration clause contained in a contract or agreement which confers such jurisdiction to which the Community or any of its institutions is a party; or 32(b)arising from a dispute between the Partner States regarding this Treaty if the dispute is submitted to it under a special agreement between the Partner States concerned; or(c)arising from an arbitration clause contained in a commercial contract or agreement in which the parties have conferred jurisdiction on the Court

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.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

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 28Reference by Partner States1.A Partner State which considers that another Partner State or an organ orinstitution of the Community has failed to fulfil an obligation under this Treaty or has infringed a provision of this Treaty, may refer the matter to the Court for adjudication.2.A Partner State may refer for determination by the Court, the legality of any Act, regulation, directive, decision or action on the ground that it is ultra viresor unlawful or an infringement of the provisions of this Treaty or any rule of law relating to its application or amounts to a misuse or abuse of power.

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Treaty for the Establishment of the East African Community

28(b)in the case of a Judge who also holds judicial office or other public office in a PartnerState–(i)is removed from that office for misconduct or due to inability to perform the functions of the office for any reason; or(ii)resignsfrom that office following allegation of misconduct or of inability to perform the functions of the office for any reason;(c)if the Judge is adjudged bankrupt under any law in force in a Partner State; or(d)if the Judge is convicted of an offence involving dishonesty or fraud or moral turpitude under any law in force in a Partner State.2.Where–(a)the question of removing a Judge has been referred to a tribunal under paragraph 1(a)or(b)a Judge is subject to investigation by a tribunal or other relevant authority of a Partner State with a view to his or her removal from an office referred to in paragraph 1(b); or(c)a Judge is charged with an offence referred to in paragraph1(d) under any law in force in a Partner State,the Summit may, subject to paragraph 2B, suspend the Judge from the exercise of the functions of his or her office2A.Where a Judge is suspended under paragraph 2, his or her respective Partner State shall recommend a person qualified in terms of Article 24 to the Summit for appointment as a temporary Judge for the duration of such suspension.2B.The suspension of a Judge under paragraph 2 may, at any time, be revoked by the Summit and shall, in any case, cease to have effect if–(a)the tribunal appointed under paragraph 1(a) recommends to the Summit that the Judge should not be removed from office; or(b)a tribunal or other relevant authority of a Partner State recommends that the Judge should not be removed from an office referred to in paragraph 1(b);or 29(c)the Judge is acquitted of an offence referred to in paragraph 1(d) by a court of competent jurisdiction in a Partner State.3.The tribunal appointed under paragraph 1(a)of this Article shall consist of three eminent Judges drawn from within the Commonwealth of Nations.4.At any time when the President of the Appellate Division, or the Principal Judge of the First Instance Division of the Court is for any reason unable to perform the functions of his or her office, those functions shall be performed by the Vice-President or the Deputy Principal Judge, as thecase may be.5.The procedure for filling vacancies in the Court shall be prescribed in rules of the Court.6.If a Judge is directlyor indirectlyinterested in a case before the Court, and if he or she considers that the nature of his or her interest is such that it would be prejudicial for him or her to take part in that case, such a Judge shall, if in the First Instance Division, make a report to the Principal Judge, or, if in the Appellate Division, make a report to the President, and if the President or Principal Judge considers the Judge’s interest in the case prejudicial, the President or Principal Judge, as the case may be, shall make a report to the Chairperson of the Summit,and the Summit shall appoint a temporary Judge to act for that case only in place of the substantive Judge.7.If the President or Principal Judgeof the Courtis directly or indirectly interested in a case before the Court he or sheshall, if he or sheconsiders that the nature of his or herinterest is such that it would be prejudicial for him or herto take part in that case, make a report to the Chairperson of the Summit and the Summit shall appoint a temporary President or Principal Judgeof theCourtto act as President or Principal Judge of the Courtfor that case only in place of the substantive President or Principal Judge of the Court.

Treaty

Treaty for the Establishment of the East African Community

35Judgment of the Court1.The Court shall consider and determine every reference made to it pursuant to this Treaty in accordance with rules of the Court and shall deliver in public session, a reasoned judgment:Provided that if the Court considers that in the specialcircumstances of the case it is undesirable that its judgmentbe delivered in open court, the Court may make an order to that effect and deliver its judgment before the parties privately. 332.The Court shall deliver one judgment only in respect of every reference to it, which shall be the judgment of the Court reached in private by majority verdict:Provided that a Judge may deliver a dissenting judgment.2.An application for review of a judgment may be made to the Court only if it is based upon the discovery of some fact which by its nature might have had a decisive influence on the judgment if it had been known to the Court at the time the judgment was given, but which fact, at that time, was unknown to both the Court and the partymaking the application, and which could not, with reasonable diligence, have been discovered by that party before the judgment was made, or on account of some mistake, fraudor error on the face of the record or because an injustice has been done.

Treaty

Treaty for the Establishment of the East African Community

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

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 33Jurisdiction of National Courts1.Except where jurisdiction is conferred on the Court by this Treaty, disputes to which the Community is a party shall not on that ground alone, be excluded from the jurisdiction of the national courts of the Partner States.2.Decisions of the Court on the interpretation and application of this Treaty shall have precedence over decisions of national courts on a similar matter.

Treaty

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

ARTICLE 31Disputes between theCommunity and its EmployeesThe Court shall have jurisdiction to hear and determine disputes between the Community and its employees that arise out of the terms and conditions of employment of the employees of the Community or the application and interpretation of the staff rules and regulations and terms and conditions of service of the Community.

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Treaty for the Establishment of the East African Community

ARTICLE 44Execution of JudgmentsThe execution of a judgment of the Court which imposes a pecuniary obligation on a person shall be governed by the rules of civil procedure in force in the Partner State in which execution is to take place. The order for execution shall be appended to the judgment of the Court which shall require only the verification of the authenticity of the judgment by the Registrar whereupon, the party in whose favour execution is to take place, may proceed to execute the judgment.

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Treaty for the Establishment of the East African Community

ARTICLE 29Reference by the Secretary General1.Where the Secretary General considers that a Partner State has failed to fulfil an obligation under this Treaty or has infringed a provision of this Treaty, the Secretary Generalshall submit his or herfindings to the Partner State concerned for that Partner State to submit its observations on the findings.2.If the Partner State concerned does not submit its observations to the Secretary General within four months, or if the observations submitted are unsatisfactory, the Secretary General shall refer the matter to the Council which shall decide whether the matter shouldbe referred by the Secretary General to the Court immediately or be resolved by the Council.3.Where a matter has been referred to the Council under the provisions of paragraph 2 of this Article and the Council fails to resolve the matter, the Council shall direct the Secretary General to refer the matter to the Court.

Treaty

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

ARTICLE 45Registrar of the Court and Other Staff1.The Council shall appoint a Registrar of the Court from among citizens of the Partner States qualified to hold such high judicial office in their respective Partner States.2.The Court shall employ such other staff as may be required to enable it to perform its functions and who shall hold office in the service of the Court.3.The salary and other conditions of service of the Registrar and other staff of the Court shall be determined by the Council.4.Notwithstanding the provisions of paragraph 1 of this Article the Registrar shall be responsible to the President of the Courtfor the day to day administration of the business of the Court. The Registrar shall also carry out the duties imposed upon him by this Treaty and rules of the Court.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 34Preliminary Rulingsof National CourtsWhere a question is raised before any court or tribunal of a Partner State concerning the interpretation or application of the provisions of this Treaty or the validity of the regulations, directives, decisions or actions of the Community, that court or tribunal shall, if it considers that a ruling on the question is necessary to enable it to give judgment, request the Court to give a preliminary ruling on the question

Treaty

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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

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Treaty for the Establishment of the East African Community

ARTICLE 48Membership of the Assembly1.The membership of the Assembly shall comprise-(a)nine members elected by each Partner State; and(b)ex-officio members consisting of:(i)the Minister responsible for East African Community affairsfrom each Partner State; and(ii)the Assistant Minister or Deputy Minister or Minister of State responsible for East African Community affairs from each Partner State:Provided that an Assistant Minister, Deputy Minister or Minister of State may only participate in the meetings of the Assembly when the substantive Minister responsible for East African Community affairs is for any reason unable to participate; and(iii)the Secretary General and the Counsel to the Community.2.The Speakerof the Assembly shall preside over and take part in its proceedings in accordance with the rules of procedure of the Assembly.3.The Assembly shall have committees which shall be constituted in the manner provided in the rules of procedure of the Assembly and shall perform the functions provided in respect thereof in the said rules of procedure.4.The Council shall appoint a Clerk of the Assemblyand other officers of the Assembly whose salaries and other terms and conditions of service shall be determined by the Council

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 51Tenure of Office of Elected Members1.Subject to this Article, an elected member of the Assembly shall hold office for five years and be eligible for re-election for a further term of five years.2.The terms and conditions of service of the Members of the Assembly shall be determined by the Summit on the recommendation of the Council.3.An elected member of the Assembly shall vacate his or herseat in the Assembly upon the happening of any of the following events:(a).upon the delivery of his or herresignation in writing to the Speaker of the Assembly;(b)upon his or herceasing to be qualified for election as an elected member;(c)upon his or herelection or nomination as a member of the National Assembly of a Partner State;(d)upon his or herappointment as a Minister in the Government of a Partner State; (e)upon his or herhaving been absent from the Assembly for such period and in such circumstances as are prescribed by the rules of procedure of the Assembly; or(f)upon his or her conviction by a Court of competent jurisdiction of an offence and sentenced to imprisonment for a term exceeding six months and if no appeal has been preferred against such a decision.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 54Invitation of Persons to Assist the Assembly1.The Speakerof the Assembly, may invite any person to attend the Assembly, notwithstanding that he or sheis not a member of the Assembly, if in 42his or heropinion the business before the Assemblyrenders his or her presence desirable.2.The rules of procedure of the Assembly shall make provisions for a person so invited to take part in the proceedings of the Assembly relating to the matters in respect of which he or shewas invited

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 49Functions of the Assembly1.The Assembly shall be the legislative organ of the Community.2.The Assembly:(a)shall liaise with the National Assemblies of the Partner States on matters relating to the Community;(b)shall debate and approve the budget of the Community;(c)shall consider annual reports on the activities of the Community, annual audit reports of the Audit Commission and any other reports referred to it by the Council;(d)shall discuss all matters pertaining to the Community and make recommendations to the Council as it may deem necessary for the implementation of the Treaty;(e)may for purposes of carrying out its functions, establish any committee orcommittees for such purposes as it deems necessary;(f)shall recommend to the Council the appointment of the Clerk and other officers of the Assembly; and(g)shall make its rules of procedure and those of its committees.3.The Assembly may perform any other functions as are conferred upon it by this Treaty.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 50Election of Members of the Assembly1.The National Assembly of each Partner State shall elect, not from among its members, nine members of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine.2.A person shall be qualified to be elected a member of the Assembly by the National Assembly of a Partner State in accordance with paragraph 1 of this Article if such a person: 40(a)is a citizen of that Partner State;(b)is qualified to be elected a member ofthe National Assembly of that Partner State under its Constitution;(c)is not holding office as a Minister in that Partner State;(d)is not an officer in the service of the Community; and(e)has proven experience or interest in consolidating and furthering the aims and the objectives of the Community.

Treaty

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 52Questions as to Membershipof the Assembly1.Any question that may arise whether any person is an elected member of the Assembly or whether any seat on the Assembly is vacant shall be determined by the institution of the Partner State that determines questions of theelection of members of the National Assembly responsible for the election in question.2.The National Assembly of the Partner States shall notify the Speaker of the Assembly of every determination made under paragraph 1 of this Article.ARTICLE 53Speaker of the Assembly1.The Speaker of the Assembly shall be elected on rotational basis by the elected members of the Assembly from among themselves to serve for a period of five years.2.The Speaker of the Assembly shall vacate his or heroffice:(a)upon the expiry of the period for which he or shewas elected;(b)if he or shedelivers his or her resignation in writing to the elected members; or(c)if he or sheceases to be qualified for election as Speaker of the Assembly.3.The Speaker of the Assembly may be removed from office by a resolution supported by not less than two thirds majority of the elected members for inability to perform the functions of his or heroffice, whether arising from infirmity of mind or body or for misconduct.

Treaty

Treaty for the Establishment of the East African Community

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 62Acts of the Community1.The enactment of legislation of the Community shall be effected by means of Bills passed by the Assembly and assented to by the Heads of State, and every Bill that has been duly passed and assented to shall be styled an Act of the Community.2.When a Bill has been duly passed by the Assembly the Speaker of the Assembly shall submit the Bill to the Heads of State for assent.3.Every Bill that is submitted to the Heads of State under paragraph 2 of this Article shall contain the following words of enactment:Enacted by the East African Community and assented to by the Heads of State.ARTICLE63Assent to Bills1.The Heads of State may assent to or withhold assent to a Bill of the Assembly.2.A Bill that has not received assent as provided for in paragraph 1 ofthis Article within three months from the date on which it was passed by the Assembly shall be referred back to the Assembly, giving reasons, and with a request that the Bill or a particular provision thereof be reconsidered by the Assembly.3.If the Assembly discusses and approves the Bill, the Bill shall be re-submitted to the Heads of State for assent.4.If a Head of State withholds assent to a re-submitted Bill, the Bill shall lapse. 46ARTICLE 64Publication of Acts of the CommunityThe Secretary General shall cause every Act of the Community to be published in the Gazette

Treaty

Treaty for the Establishment of the East African Community

uorum and Vacanciesin the Assembly1.Subject to this Article, the rules of procedure of the Assembly shall make provision as to the number and composition of the elected members that shall constitute a quorum of the Assembly.2.In reckoning the number of members who are present for the purposes of paragraph 1 of this Article, the person presiding shall not be taken into account. 433.The Assembly may transact business notwithstanding that there is a vacancy among its members, and the attendance or participation of any person not entitled to attend or participate in the proceedings of the Assembly shall not invalidate those proceedings.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 56Presiding in the AssemblyThere shall preside at any sitting of the Assembly:(a)the Speaker of the Assembly, or(b)in the absence of the Speaker of the Assembly,such elected member of the Assembly as the elected members may elect for the sitting.

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

ARTICLE 69Counsel to the Community1.There shall be a Counsel to the Community who shall be the principal legal adviser to the Community.2.The Counsel to the Community shall perform such duties as are conferred upon him or her by this Treaty and by the Council.3.The Counsel to the Community shall be appointed on contract and in accordance with the staff rules and regulations and terms and conditions of service of the Community.4.The other terms and conditions of service of the Counsel to the Community shall be determined by the Council.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 66Establishment of the SecretariatThe Secretariat shall be the executive organ of the Community.There shall be the following offices in the service of the Community:(a)Secretary General;(b)Deputy Secretaries General;(c)Counsel to the Community; and(d)such other offices as may be deemed necessary by the Council.ARTICLE 67Secretary General1.The Secretary General shall be appointed by the Summit upon nomination by the relevant Head of State under the principle of rotation.2.Upon the appointment of the Secretary General the Partner State from which he or she is appointed shall forfeit the post of Deputy Secretary General.3.The Secretary General shall be the principal executive officer of the Community and shall:(a)be the head of the Secretariat;(b)be the Accounting Officer of the Community;(c)be the Secretary of the Summit; and (d)carry out such other duties as are conferred upon him by this Treatyor by the Council from time to time.4.The Secretary General shall serve a fixed five year term. 485.The terms and conditions of service of the Secretary General shall be determined by the Council and approved by the Summit.ARTICLE 68Deputy Secretaries General1.The Council shall determine the number of Deputy Secretaries General.2.The Deputy Secretaries General shall be appointed by the Summit on recommendations of the Council and on a rotational basis.3.The Deputy Secretaries General shall:(a)deputisefor the Secretary General; and(b)perform such other duties as may be prescribed by the Council.4.The Deputy Secretaries General shall each serve a three year term, renewable once.5.The terms and conditions of service of the Deputy Secretaries General shall be determined by the Council and approved by the Summit

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 59Bills and Motions in the Assembly1.Subject to the rules of procedure of the Assembly, any member may propose any motion or introduce any Bill in the Assembly:Provided that a motion which does not relate to the functions of theCommunity shall not be proposed in the Assembly, and a Bill which does not relate to a matter with respect to which Acts of the Community may be enacted shall not be introduced into the Assembly.2.The Assembly shall not:(a)proceed on any Bill, including an amendment to any Bill, that, in the opinion of the person presiding, makes provision for any of the following purposes:(i)for the imposition of any charge upon any fund of the Community; 44(ii)for the payment, issue or withdrawal from any fund of the Community of any moneys not charged thereon or the increase in the amount of any such payment, issue or withdrawal; (iii)for the remission of any debt due to the Community; or(b)proceed upon any motion, including any amendment to a motion,the effect of which, in the opinion of the person presiding, would be to make provision for any of the said purposes.3.In addition to the provisions of paragraphs 1 and 2 of this Article:(a)the Council shall publish annually and present to a meeting of the Assembly a general report on the activities of the Community and which the Assembly shall consider at its meeting;(b)the Assembly may by a majority of votes cast request the Council to submit any appropriate proposals on matters on which it considers that action is required on the part of the Community for the purpose of implementing this Treaty; and(c)the Assembly shall hold an annual debate on the report to be submitted to it by the Council on progress made by the Community in the development of its common foreign and security policies

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 58Voting in the Assembly1.All questions proposed for decision in the Assembly shall be determined by a majority of the votes of the members present and voting.2.The ex-officio members of the Assembly shall not be entitled to vote in the Assembly.3.When in the absence of the Speaker of the Assemblya member is presiding in the Assembly, the member presiding shall retain his or herright to vote.4.If the votes of the members are equally divided upon any motion before the Assembly, the motion shall be lost.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 60Rules of Procedure of the AssemblyThe Assembly may make, amend, add to or revoke rules governing the procedure of the Assembly.

Treaty

Treaty for the Establishment of the East African Community

ARTICLE 61Powers, Privileges and Immunitiesof the Assembly and its Members1.The Members of the Assembly shall be immune from legal action for any acts of omission or commission in the discharge of their functions under this Treaty. 452.The Community may, for the orderly and effective discharge of the business of the Assembly, enact legislation for the powers, privileges and immunities of the Assembly, its Committees and members

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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.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;(e)equitable distribution of benefits; and(f)co-operation 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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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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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 Tre

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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The East African Court of Justice Rules of Procedure 2013

53. (1) The First Instance Division shall, within fourteenconference(14) days after the close of pleadings or such other period as thePrincipal Judge may direct, hold a scheduling conference toascertain—(a)points of agreement and disagreement,(b)the possibility of mediation, conciliation or anyother form of settlement,(c)whether evidence is to be oral or by affidavit,(d)whether legal argument shall be written or oral, orboth,(e)the estimated length of the hearing,(f)any other matters as the Division may deemnecessary,(2)If the case has good potential for settlement, the Division shall direct that the case proceeds to mediation or other form of settlement. (3)If the matter is to proceed to hearing the Division shall fix the date for commencement of hearing. 34 The East African Court of Justice Rules of Procedure 2013(4) In any case where there is no need for evidence and all parties opt to present legal arguments in writing, the Division shall prescribe the time within which the parties shall file their respective written legal arguments and may fix the date on which the parties shall appear before a bench of three judges to deal with any other matter the Division thinks necessary

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

3 12ARTICLE 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.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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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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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.

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02/10 Emmanuel Mwakisha Mjawasi & 748 Other v Attorney General of Kenya

EACJ Decision

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

RTICLE 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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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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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Treaty for the Establishment of the East African Community

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02/12 Democratic Party v Secretary General of Uganda & 4 Others

EACJ Decision

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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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;(e)equitable distribution of benefits; and(f)co-operation 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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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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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Treaty for the Establishment of the East African Community

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05/11 Samuel Mukira Mohochi v Attorney General of Uganda

EACJ Decision

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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08/11 Prof Nyamoya Francois v Attorney General of Burundi & Anor

EACJ Decision

05/13 Venant Masenge v Attorney General of Burundi

EACJ Decision

Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

ARTICLE 38Acceptance of Judgments of the Court1.Any dispute concerning the interpretation or application of this Treaty or any of the matters referred to the Court pursuant to this Chapter shall not be subjected to any method of settlement other than those provided for in this Treaty.2.Where a dispute has been referred to the Council or the Court, the Partner States shall refrain from any action which might be detrimental to the resolution of the dispute or might aggravate the dispute.3.A Partner State or the Council shall take, without delay, the measures required to implement a judgment of the Court.

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

RTICLE 38Acceptance of Judgments of the Court1.Any dispute concerning the interpretation or application of this Treaty or any of the matters referred to the Court pursuant to this Chapter shall not be subjected to any method of settlement other than those provided for in this Treaty.2.Where a dispute has been referred to the Council or the Court, the Partner States shall refrain from any action which might be detrimental to the resolution of the dispute or might aggravate the dispute.3.A Partner State or the Council shall take, without delay, the measures required to implement a judgment of the Court.

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Treaty for the Establishment of the East African Community

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Treaty for the Establishment of the East African Community

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- Treaty209
- Rules of Procedure2
Cases Referenced5
- EACJ Decision5
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