117.
The Applicant argued that the Section is in violation because, one, it does not
provide for the right of due process before a person is declared a prohibited
immigrant. Secondly, that it does not provide for a distinction in treatment
between EAC citizens and other immigrants. Thirdly that it does not recognize
that limitations can only be imposed pursuant to the Protocol; and finally, that it
does not provide for the duty to inform other Partner States when a Partner
State imposes limitations.
118.
The Respondent, on the other hand, argued that there is no uniform EAC law
on the movement of persons and that it is an area regulated in accordance
with national law.
119.
We have shown above that we disagree with the assertion that Section 52
does not provide for the right to due process. We reiterate our position. We
have shown, as well, that Community Law in this area is very much part of the
national law in Uganda. The argument of the Respondent that there is no East
African Community uniform law on the free movement of persons is, therefore,
erroneous. Indeed, Article 7 (9) of the Common Market Protocol provides that
the implementation of the freedom of movement of persons shall be in
accordance with the Freedom of Movement of Persons Regulations. We have
observed earlier that Regulation 2 provides that the implementation process of
Article 7 of the Protocol shall be transparent, accountable, fair, predictable and
consistent with the provisions of the Protocol.
120.
While we, respectfully, agree with the Applicant’s critique of Section 52, we are
of the opinion that the provisions cited no longer have force of law regarding
citizens of partner states and are, therefore, not inconsistent with Treaty
provisions.
121.
We have found and held, in Issues ii and iv, that upon enactment of the Treaty
and, subsequently, the Protocol, they became part of national law and law
applicable in Uganda as of their dates of entry into force. We reiterated, as
REFERENCE NO.5 OF 2011
Page 53
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents