Reference was filed on 22nd November 2013, it was clearly within
the 2-month time frame prescribed by Article 30(2) of the Treaty.
47.
We would therefore over-rule the Respondent’s Objection on
limitation of time, and do answer this issue in the negative.
Issue No. 3:
Whether the action of taking over the Applicant’s mall by
the Kigali City Abandoned Property Management
Commission is inconsistent with and/ or in contravention of
Articles 5, 6, 7 and 8 of the Treaty.
48.
It was submitted for the Applicant that in assuming management
of the mall and redirecting rental payments to itself without giving
the Applicant the opportunity to be heard, the Commission did
not follow due process and thus contravened Article 5(2) of the
Treaty that calls for the enhancement and strengthening of
partnerships between the Respondent and the Rwandan private
sector. The Applicant contended that the arbitrary take-over of
the Applicant’s property contravened the principles of good
governance, rule of law, social justice and equal opportunities as
enshrined in Article 6(d) of the Treaty. It was argued for the
Applicant that the contravention of the foregoing principles also
entailed breach of Articles 7(1)(a) and (2) of the Treaty. Finally, it
was the Applicant’s contention that the Respondent’s arbitrary
action defeated its undertakings to foster and promote the
objectives of the Community or implementation of the Treaty as
prescribed by Article 8(1)(a) and (c) of the Treaty. Learned
Counsel for the Applicant cited this Court’s definition of the notion
of ‘rule of law’ in the case of James Katabazi & 21 Others vs. The
Attorney General of the Republic of Uganda Reference No. 1 of
2007, as well as Article 14 of the African Charter on Human and
Peoples’ Rights and Article 17 of the Universal Declaration on
Human Rights in support of his submission that the Respondent’s
arbitrary actions were a violation of the rule of law and the
REFERENCE No. 10 OF 2013
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