Burundi government had filed a case to the east african court of justice challenging the election of the rwandan, martin ngoga, a current speaker of the east african legislative assembly. The east african community eac has demonstrated some effectiveness in promoting regional cooperation in economic relations. The applicant is the governor of kericho county, one of the 47. Jurisdiction article 23 of the treaty states that the purpose of the court is to ensure the adherence to law in the interpretation. While this has certainly placed a necessary emphasis on the importance of the adherence of law in the community, there have been calls for the reinstitution of a court of appeal to aid the development. Burundis case challenging the election of the eala. It was established under article 9 of the treaty for the establishment of the east african community. Towards effective protection of human rights in the east african community october 14, 20. The east african court of justice rules of procedure, 20 rule 172 appearance and representation the counsel to the community may appear and represent the community or any of its institutions in anywhere the community or any of its institutions is a party or where the counsel thinks that such appearance is desirable. Underrule 12 of the east african court of justice rules of procedure 20 in eacj reference no. The east african court of justice media legal defence. The east african court of justice eacj is one of the organs established. Arrangement of clauses clause part 1preliminary short title interpretation part itthe east african court of justice commission establishment of the commission functions of the commission tenure of office. In a nutshell, it was argued for the applicant that the application disclosed a.
Observations on the rules of the african court on human. The court is essentially divided into two different sections. Effect of one party making averments in a sworn pleading. Enforcing judgments of international courts in national. Established in 1999 and located in arusha, tanzania, the court hears cases from burundi, kenya, rwanda, uganda and tanzania. Rules of procedure archives east african court of justice. With the amendment of the court s rules of procedure in 20, the jurisdiction to entertain. In 1967 name of appeals court was changed to court of appeal for east africa. Protocol on the merged court en african union,peace.
The application was filed to court under article 39 of the treaty for the establishment for east african community and rule 73 of the east african court of justice rules of procedure 20. Protocol of the court of justice of the african union, adopted on 11 july 2003 in maputo, mozambique, are hereby replaced by the present protocol and statute annexed as its integral part hereto, subject to the provisions of article 5, 7 and 9 of this protocol. The court of justice of the african union was originally intended to be the principal judicial organ of the african union protocol of the court of justice of the african union, article 2. Cases pending before the court will be transferred to the human rights section of the new court. The role of the east african court of justice and national courts in the integration agenda, comes at an opportune moment as partner states of the east african community eac immerse themselves deeper into the community pool and oar their way towards the ultimate prize. Lessons for africa access to justice strengthening the protection of women rights in west africa.
The oath of office shall be administered by the chairperson of the assembly or his or her duly authorized representative. The same findings were upheld by the appellate division see eacj, appeal no. The organisation was founded in 1967, collapsed in 1977, and was revived on 7 july 2000. Treaty and rules 17 and 70 of the east african court of justice rules of procedure the court rules, praying for orders that the application be certified urgent. The courts major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the. We do hereby deliver our reasoned ruling in this matter.
The pros and cons of the criminal jurisdiction of the. The role of the east african court of justice and national courts in the integration agenda by petronella k. Human rights decisions of the east african court of justice. Following the dissolution of the former east african community in 1977, the member states negotiated a mediation agreement for the pision of assets and liabilities, which they signed in 1984. Dec 12, 2017 on november 24, 2017, the african court on human and peoples rights afchpr held that rwanda violated victoire ingabire umuhozas right to freedom of opinion and expression, as well as her right to an adequate defense. Justice moijo ole keiwua, president of this court and hon. Rules of court means the rules of court under article 58. On 2 june 2010, its rules of court came into force. Burundi, kenya, rwanda, south sudan, tanzania, and uganda.
Document means a writing of any kind, whether recorded on paper, electronic, audio or visual recording or any other mechanical or electronic means of storing. Traditional courts only apply those such sections of the penal code that the minister of justice directed and had their own rules of procedure. They were not bound by the same rules of evidence as the high court, but applied the customary law of their area, supplemented by ministerial directions. The african charter on democracy, elections and governance as.
The east african community eac treaty established the east african court of. Administration of the east african court of justice bill, 2016 the administration of the east african court of justice bill, 2016. The eac treaty considers the rule of law and human rights as part of good governance. The east african court of justice eacj hears cases on violations of the rule of law, one of the fundamental and operational principles set out in the east.
In the present appeal, the united states challenges the district courts sua sponte entry of a freedom of choice desegregation plan, and the courts april 30, 20, denial of the united states. The role of the east african court of justice in the. Open jobs african court on human and peoples rights. It is the regional court that deals with matters pertaining the interpretation of eac treaty an organ of the east african community. The east african court of justice eacj hears cases on violations of the rule of law, one of the fundamental and operational principles set out in the east african community treaty. Paul kagame, the president of rwanda, is the eacs chairman. With the amendment of the court s rules of procedure in 20, the jurisdiction to entertain requests for advisory opinions was transferred from the court s first instance division, and was conferred, instead, on. East african court of justice arbitration rules east. The east african court of justice eacj is a treatybased judicial body of the east african community tasked to ensure adherence to law in the interpretation and application of and compliance with the east african community treaty of 1999. Establishment of the east african community and rules 12 and 21 of the east african court of justice rules of procedure as there are serious questions for determination by court the legality of any act, regulation, directive, decision or action of a partner state or institution. Articles 6d and 72 of the east african community eac treaty mention human rights, which ordinarily the eacj is mandated to interpret. The east african court of justice eacj is one of the organs established under article 9 of the east african community treaty1. The court was inaugurated in november 2001 and heard its first case in 2005.
Observations on the rules of the african court on human and. Eacj rules of procedure east african court of justice. Explaining african participation in international courts. It reports on data from field research in east africa in 20 and 2014, including over 50 interviews with government officials, human rights lawyers, law. June 20 summaries of decisions by the east african court of justice which relate to its jurisdiction over the rule of law or otherwise impact on human rights. African court of justice and human rights wikipedia.
Treaty for the establishment of the east african community hereinafter referred to as the treaty and rule 731 and 2 of the east african court of justice rules of procedure hereinafter referred to as the rules. The east african court of justice has evolved to deal with the rule of. The same procedure and consideration for the election of a judge shall also be followed in filling vacancies. The east african community eac is a regional intergovernmental organisation of 6 partner states. The ecowas court of justice has suspended until further notice, its judicial activities for the next few weeks as part of measures to prevent and contain the spread of the corona virus, covid19, according to a statement today signed by the president of the court, justice edward amoako asante. The respondent is the east african community which under article 4 of the treaty, is a body corporate with inter alia power to sue and be sued in its own name. This advisory opinion addresses the question of the application and. Jeanbosco butasi, pj, isaac lenaola, dpj, monica k. The interuniversity respondent is an entity set up by interuniversity council for east africa act, 2009.
The treaty for the establishment of the east african community. By way of prefatory introduction, the book contains the civil procedure rules of the supreme court of nigeria, the court of appeal, the federal high court and that of the high court of lagos state. On 30th january 20, when the file was called before us, learned counsel for the applicant, mr. These internal rules shall replace the interim rules of procedure of 20 june 2008, following. Deputy registrar means the deputy registrar of the court. Taking the east african court of justice eacj as a case study, the present article aims at establishing what functions those tribunals can fulfil as human rights courts. Lydia polgreen, court rules niger failed by allowing. East african community competition the east african community no. The east african community eac is an intergovernmental organisation composed of six countries in the african great lakes region in eastern africa. Download the pdf you can also access the rules of procedure of 2010 following this link. The district court had jurisdiction over the united states claims under 28 u. The legitimacy of the east african court of justice eacj to adjudicate human rights cases has been a debatable aspect ever since the courts inception.
Administrative tribunal african development bank building. The east african court of justice eacj hears cases on violations of the rule of law. Yufnalis ndege okubo registrar east african court of. Physical address african court on human and peoples rights mwalimu julius nyerere conservation centre dodoma road p.
Treaty and rule 75 of the former rules of procedure of this court. Date of assent th november, 2006 date of commencement see section 12. Oct 15, 2014 possi, ally, the east african court of justice. Observations on the rules of the african court on human and peoples rights gino j naldi researcher in international law, united kingdom summary the african court on human and peoples rights was established by the 1998 protocol to the african charter on human and peoples rights. The applicant is the premier regional lawyers association in east africa. East african community competition kenya law reports. The east african court of justice rules of procedure 20 east. The genesis of these two applications goes back to reference no. Ecowas court welcome to the community court of justice website. Max planck yearbook of united nations law, volume 17, 20, p. Justice which relate to its jurisdiction over the rule of law or. In 1897 the east africa order in council granted protectorate status to kenya. The east african court of justice rules of procedure 20.
Mennas donald mafwere, a clerk of the east african court of justice eacj at the dar es salaam sub. Many have sought a structural solution to this problem in the form of an african court on human and. The treaty for the establishment of the east african community the amendments in chapters one, five, six eight, nine and twenty nine are shown in bold italic characters signed on 30th november 1999 entered into force on 7th july 2000 amended on 14th december, 2006 and on 20th august, 2007 published by east african community. East african court of justice arusha 6th december 2019, warmly congratulates hon justice dr faustin ntezilyayo, deputy principal judge of the first instance division, upon his new appointment as the chief justice of rwanda and will be replacing his lordship justice prof sam rugege who has retired. Rules of procedure means the east african court of justice rules of procedure 20. The east african community eac treaty established the east african court of justice in 1999. Court blocks iucea from recruiting research officer. Download the pdf you can also access the rules of procedure of 2010 following this link rules of court. At todays scheduling conference the first and third respondents raised preliminary points of law premised on rule 244 of the courts rules of procedure contending that the first applicant, as a body corporate, was improperly before this court. The current speaker of the east african legislative assembly is hon martin ngoga from the republic of rwanda, he was elected. The court was established by virtue of article 1 of the protocol to the african charter on human and peoples rights on the establishment of an african court on human and peoples rights, the protocol which was adopted by member states of the then organisation of african unity oau in ouagadougou, burkina faso, in june 1998. In the east african court of justice at arusha first instance division coram.
The pros and cons of the criminal jurisdiction of the proposed african court of justice and human rights charle sello mabunda1 the problem of enforcement of human rights has always been a challenge in africa. Mukaindo r50690042011 a research project submitted in partial fulfilment of the requirements for the award. The african court on human and peoples rights was established to complement and reinforce the functions of the african commission on human and peoples rights the african commission often referred to as the banjul commission, which is a quasijudicial body charged with monitoring the implementation of the charter. East african court of justice june 20 the east african court of justice eacj hears cases on violations of the rule of law, one of the fundamental and operational principles set out in the east african community treaty location. Cap 11 textsthe supreme court practice rules judicial hints on civil procedure. Burundi, kenya, rwanda, uganda and tanzania establishment. At the conclusion of the application hearing the application was dismissed with costs to the claimant applicant herein leading to the current taxation cause. Law reports containing decisions of the court of appeal for eastern africa and of the judicial committee of the. Memorandum and articles of association in this court. This will allay concerns that the merger will interfere. Application no 5 of 2014 arising from reference no. The administrative tribunal is made up of six judges of whom three form a quorum to hear a case.
Produced by lawyers at the open society justice initiative in order to bring the decisions of global human rights tribunals to the widest possible audience. Rule 1 gives the registrar powers to tax costs in accordance with the rules and scale set out in the second schedule for the first instance division and eighth schedule for the. Understanding the jurisdictional powers of the ea court of. June 20 the east african court of justice eacj hears cases on violations of the rule of law, one of the fundamental and operational principles set out in the east african community treaty. Interpretation in these regulations unless the context otherwise requires act means the east african community competition act, 2006. An act of the community to promote and protect fair competition in the community, to provide for consumer welfare, to establish the east african community competition authority and for related. East african court of justice open society foundations. Nature and status the administrative tribunal is an autonomous body of the african development bank afdb and its decisions are binding, final and without appeal. East african court of justice open society justice initiative. Edson mbogoro informed court that he was ready to proceed with the scheduling conference. In the east african court of justice at arusha coram. In exercise of the powers conferred on the east african court of justice by article 42 of the treaty for the establishment of the east african community, the court hereby makes the following revised rules of procedure to conform to the treaty amendments restructuring the court.
The applicants are ugandan traders trading in the republic of sudan south. It is a dual membership organisation, comprising of individual lawyers and six 6 law societies. Plaxeda rugumba v the secretary general of the east african community and the attorney general of. Last week, from 30 january through 3 february, i had an opportunity to attend a training titled the east african court of justice rules of procedure 20 and the arbitration rules 2012 that was held in kigali. The east african court of justice has held that there is no requirement that a party must exhaust local remedies before approaching the east african court, basing this on the argument that the east african court of justice has primacy in interpreting the east african treaty which is an overt rejection of the subsidiarity principle. African states have formally judicialized their political affairs to a greater extent than states in other world regions. These regulations may be cited as the east african community competition regulations, 2010 and shall come into force on such date as the council may, by notice in the gazette, appoint. Ololosokwan village counciland 3 othersversus theattorneygeneralofthe united republic of tanzania i write to this honourable court seeking the following urgentinterimmeasures. The community court of justice of the economic community of west african states. In recent years, the tribunals of the african regional economic communities recs have begun trying more human rights cases.
1364 931 910 1339 869 164 266 1368 1360 1412 974 1278 497 405 481 1499 1657 777 882 1548 504 435 1209 1472 89 18 479 733 649 1305