democratic party v secretary general of the east african community and ors reference 2 of 2012 2013 eacj 135 29 november 2013
The East African Court of Justice has jurisdiction only to interpret and apply the Treaty for the Establishment of the East African Community, not to enforce obligations under the Protocol to the African Charter on Human and Peoples’ Rights. Article 34(6) of the Protocol does not impose a mandatory or time-bound obligation on Partner States to deposit declarations, and thus no violation or actionable delay can be established under the Treaty. The Reference discloses no cause of action against the 1st Respondent, and the Applicant’s claims are not sustainable within the Court’s jurisdiction.
- Citation
- democratic party v secretary general of the east african community and ors reference 2 of 2012 2013 eacj 135 29 november 2013
- Parties
- Applicant: Democratic Party; 1st Respondent: Secretary General, East African Community; 2nd Respondent: Attorney General of the Republic of Uganda; 3rd Respondent: Attorney General of the Republic of Kenya; 4th Respondent: Attorney General of the Republic of Rwanda; 5th Respondent: Attorney General of the Republic of Burundi
- Court
- EACJ
- Jurisdiction
- Tanzania
- Judgment Date
- 29 November 2013
- Procedural Posture
- Reference / Judgment
- Outcome
- Reference dismissed
- Legal Topics
- Jurisdiction of Regional Courts, Obligations Under International Treaties, Access to Justice, Interpretation of Treaties, Locus Standi
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Democratic Party
Applicant
Secretary General, East African Community
1st Respondent
Attorney General of the Republic of Uganda
2nd Respondent
Attorney General of the Republic of Kenya
3rd Respondent
Attorney General of the Republic of Rwanda
4th Respondent
Attorney General of the Republic of Burundi
5th Respondent
Procedural Posture
Reference / Judgment
Legal Issues
- 1 Whether the East African Court of Justice has jurisdiction to determine the legality of delay by Partner States in depositing declarations under Article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights.
- 2 Whether the issues raised are justiciable.
- 3 Whether the Reference discloses a cause of action against the 1st and 4th Respondents.
Ratio Decidendi
The East African Court of Justice has jurisdiction only to interpret and apply the Treaty for the Establishment of the East African Community, not to enforce obligations under the Protocol to the African Charter on Human and Peoples’ Rights. Article 34(6) of the Protocol does not impose a mandatory or time-bound obligation on Partner States to deposit declarations, and thus no violation or actionable delay can be established under the Treaty. The Reference discloses no cause of action against the 1st Respondent, and the Applicant’s claims are not sustainable within the Court’s jurisdiction.
Court Disposition
Reference dismissed
Orders
- Each party to bear its own costs
Full Case Text
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