29. At this stage, Mr. Godfrey Magezi is indeed, a natural person, a
resident of Uganda, and the Republic of Uganda is a Partner State in
the meaning of Article 1 of the Treaty and the Applicant is challenging
the legality of the actions of the Attorney General and IGG of Uganda
through their aforesaid letters.
30. With respect to the Respondent, it is our view that the matters raised
in the Reference do meet the requirements laid down in the above
Articles and as to whether the Reference is well or ill-founded is
immaterial at this point.
31. Previously, this Court has on constant objections as to lack of
jurisdiction held and invariably so in James Katabazi & 21 Others
vs. the Secretary General of the EAC and The Attorney General
of the Republic of Uganda, EACJ Reference No.1 of 2007 and in
Samuel Mukira Mohochi, Reference No.5 of 2011 that it has
jurisdiction over interpretation of the Treaty.
32. In Mukira Mohochi, the Court found that:“….. This Court does have jurisdiction to interpret and apply
any and all provisions of the Treaty save for those excepted
by the provisions to Article 27.”
33. Further, in the same judgment, the Court added that:”………..It
is
that
alleged infringement which
through
interpretation of the Treaty under Article 27(1) constitutes the
cause of action in the instant Reference, and consequently,
establishes the legal foundation of the jurisdiction of this
Court in this Reference.”
Reference No. 5 of 2013
Page 14