Reference No.1 of 2007 in support of his Submissions and prayed that Issue No.1 be answered in the negative. DETERMINATION ON ISSUE NO.1 23. The above issue is: Whether this is a Matter for Interpretation before this Honourable Court pursuant to Articles 27(1) and 30(1) & (3) of the Treaty. Put another way; whether this Court has jurisdiction to entertain the Reference in accordance with the aforesaid Articles. At the outset, and for the sake of clarity, we hereunder reproduce Articles 27 (1), 30(1) & (3) of the Treaty. 24. Article 27(1) reads as follows:“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.” 25. At this juncture, we may pause and ask ourselves whether the terms of this Article as they are framed need further clarification. It is common knowledge that this Court is vested with jurisdiction over interpretation and application of the Treaty save for the proviso enshrined in the above Article. 26. Article 30 provides as follows:“1. Subject to the provisions 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, Reference No. 5 of 2013 Page 12

Sélectionner le paragraphe cible3