36. The Respondent submitted that the provisions of Articles 6 (d) of the Treaty are aspirations and broad policy provisions which are futuristic and progressive in application and that they raise political questions which cannot be answered by this Court. Further, that they are not capable of being breached and, therefore, are not justiciable. We find this stance erroneous for the following reasons: i) Article 6 provides the six Fundamental Principles of the Community. Black’s Law Dictionary defines “Principle” as “a basic rule, law or doctrine”.(9th Edition at p 1313) Our understanding of “Fundamental Principles” as used in this Article, aided by the above definition, is that these are rules that must be followed or adhered to by the Partner States in order that the objectives of the Community are achieved. Paragraph 11 of the Preamble to the Treaty provides that the Partner States are; “resolved to adhere themselves to the fundamental and operational principles that will govern the achievement of the objectives...” Article 146(1) of the Treaty provides, inter alia, that a Partner State may be suspended from taking part in activities of the Community if that State fails to observe and fulfil the fundamental principles and objectives of the Treaty. Article 147(1) provides, inter alia, that a Partner State may be expelled from the Community for gross and persistent violation of the principles and objectives of the Treaty. REFERENCE NO.5 OF 2011      Page 16 

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