democratic party and another v secretary general of east african community and another application 6 of 2011 2012 eacj 8 10 may 2012

democratic party and another v secretary general of east african community and another application 6 of 2011 2012 eacj 8 10 may 2012

The Court held that the Rules of Procedure of the Parliament of Uganda, 2006, have not been amended to conform to Article 50 of the Treaty, and the delay in amending them is unjustified. The Applicants' fear that the impugned Rules will be used in upcoming EALA elections is legitimate. The Court found no merit in the claim that the Secretary General failed in his supervisory role, as the amendment process is ongoing. The Applicants are entitled to an order restraining the Parliament of Uganda, the Attorney General, and EALA from conducting elections under the impugned Rules until they are amended to comply with the Treaty.

Citation
democratic party and another v secretary general of east african community and another application 6 of 2011 2012 eacj 8 10 may 2012
Parties
Applicant: Democratic Party; Applicant: Mukasa Fred Mbidde; 1st Respondent: Secretary General of the East African Community; 2nd Respondent: Attorney General of the Republic of Uganda
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
10 May 2012
Procedural Posture
Reference / Judgment
Outcome
Partly allowed
Legal Topics
Election of EALA Members, Compliance With Treaty Obligations, Supervisory Role of Secretary General, Parliamentary Rules of Procedure, Judicial Review
Source Language
English
Constitutional Law Regional Integration Law Administrative Law Election of EALA Members Compliance With Treaty Obligations Supervisory Role of Secretary General Parliamentary Rules of Procedure Judicial Review

Case Brief

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Parties

Democratic Party

Applicant

Mukasa Fred Mbidde

Applicant

Secretary General of the East African Community

1st Respondent

Attorney General of the Republic of Uganda

2nd Respondent

Procedural Posture

Reference / Judgment

Legal Issues

  1. 1 Whether the Parliament of Uganda's Rules of Procedure for EALA elections contravene Article 50 of the Treaty for the Establishment of the East African Community
  2. 2 Whether the Secretary General failed in his supervisory role to ensure Uganda's compliance with the Treaty
  3. 3 Whether the Applicants are entitled to the declarations and orders sought

Ratio Decidendi

The Court held that the Rules of Procedure of the Parliament of Uganda, 2006, have not been amended to conform to Article 50 of the Treaty, and the delay in amending them is unjustified. The Applicants' fear that the impugned Rules will be used in upcoming EALA elections is legitimate. The Court found no merit in the claim that the Secretary General failed in his supervisory role, as the amendment process is ongoing. The Applicants are entitled to an order restraining the Parliament of Uganda, the Attorney General, and EALA from conducting elections under the impugned Rules until they are amended to comply with the Treaty.

Court Disposition

Partly allowed

Orders

  • The Parliament of the Republic of Uganda, the Attorney General of Uganda, and EALA are restrained and prohibited from conducting or participating in the election of Uganda's EALA representatives under the 2006 Rules until those Rules are amended to conform to Article 50 of the Treaty.
  • The case against the 1st Respondent is dismissed with no order as to costs.