(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