15. In doing so, we have in mind that the two first issues were raised as
preliminary objections by the Respondent. Since those issues have
been distilled as issues for determination, we think it is prudent to
address them one by one as they were agreed upon during the
Scheduling Conference.
ISSUE NO.1:
Whether this is a Matter for Interpretation
before this Honourable Court pursuant to Articles 27(1) and
30(1) & (3) of the Treaty:
16. First and foremost, surprising as it may be, the Applicant shied away
from submitting on the above issue in his written submissions, but
rather, he opted to await and counter the written submissions thereof
by the Respondent since he is the one who raised that issue as a
preliminary objection.
THE APPLICANT’S SUBMISSIONS
17. The Applicant, when he finally addressed the Court on this issue in
his Rejoinder to the Respondent’s written Submissions, submitted
that the jurisdiction and mandate of the Court is clearly stated in the
Treaty and that in the context of the Reference, the Court is under
obligation to determine whether the acts of the Attorney General of
Uganda and the IGG, through their respective letters breached Treaty
provisions. The Applicant added that it was for that reason that he
challenged the legality of the acts of the IGG through his letter dated
8th July, 2013.
18. In conclusion, the Applicant submitted that the preliminary objections
should be dismissed and he invited the Court to answer the said
issue in the affirmative.
Reference No. 5 of 2013
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