anta v attorney general of uganda and others reference 6 of 2012 2013 eacj 3 29 november 2013

anta v attorney general of uganda and others reference 6 of 2012 2013 eacj 3 29 november 2013

The Court has jurisdiction to determine the legality of the Rules of Procedure for election of EALA members, but not to adjudicate election disputes reserved for national courts. The Rules of Procedure, except for Rule 13(1) and (2) of Appendix B, are consistent with Article 50(1) of the Treaty. Rule 13(1) and (2) of Appendix B is inconsistent with the Treaty and must be amended prior to the next EALA elections. The Court declines jurisdiction on issues of gazettement and nullification of elections, as these are reserved for Ugandan institutions.

Citation
anta v attorney general of uganda and others reference 6 of 2012 2013 eacj 3 29 november 2013
Parties
Applicant: Among A. Anita; 1st Respondent: Attorney General of Uganda; 2nd Respondent: Secretary General of the East African Community; 1st Intervener: Hon. Margaret Nantongo Zziwa; 2nd Intervener: Hon. Dora Byamukama; 3rd Intervener: Hon. Bernard Mulengani; 4th Intervener: Hon. Dan Kidega; 5th Intervener: Hon. Mike Sebalu; 6th Intervener: Hon. Nusura Tiperu; 7th Intervener: Hon. Susan Nakawuki; 8th Intervener: Hon. Chris Opoka; 9th Intervener: Hon. Mukasa Fred Mbidde
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
29 November 2013
Procedural Posture
Reference / Judgment
Outcome
Reference partially allowed
Legal Topics
Interpretation of Treaty, Election Rules, Jurisdiction, Representation of Interest Groups, Rule of Law
Source Language
English
Constitutional Law Administrative Law International Law Interpretation of Treaty Election Rules Jurisdiction Representation of Interest Groups Rule of Law

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Parties

Among A. Anita

Applicant

Attorney General of Uganda

1st Respondent

Secretary General of the East African Community

2nd Respondent

Hon. Margaret Nantongo Zziwa

1st Intervener

Hon. Dora Byamukama

2nd Intervener

Hon. Bernard Mulengani

3rd Intervener

Hon. Dan Kidega

4th Intervener

Hon. Mike Sebalu

5th Intervener

Hon. Nusura Tiperu

6th Intervener

Hon. Susan Nakawuki

7th Intervener

Hon. Chris Opoka

8th Intervener

Hon. Mukasa Fred Mbidde

9th Intervener

Procedural Posture

Reference / Judgment

Legal Issues

  1. 1 Whether the Court has jurisdiction to entertain the Reference
  2. 2 Whether the Rules of Procedure for election of EALA members are inconsistent with the Treaty
  3. 3 Whether failure to gazette the Rules renders them null and void

Ratio Decidendi

The Court has jurisdiction to determine the legality of the Rules of Procedure for election of EALA members, but not to adjudicate election disputes reserved for national courts. The Rules of Procedure, except for Rule 13(1) and (2) of Appendix B, are consistent with Article 50(1) of the Treaty. Rule 13(1) and (2) of Appendix B is inconsistent with the Treaty and must be amended prior to the next EALA elections. The Court declines jurisdiction on issues of gazettement and nullification of elections, as these are reserved for Ugandan institutions.

Court Disposition

Reference partially allowed

Orders

  • 1st Respondent to cause amendment of Rule 13(1) and (2) of Appendix B of the 2012 Rules of Procedure to bring it into conformity with Article 50(1) prior to the next EALA elections.
  • Applicant awarded a quarter of the taxed costs to be borne by the 1st Respondent.