katabazi and others v secretary general of east african community and another reference no 1 of 2007 2007 eacj 3 11 november 2007

katabazi and others v secretary general of east african community and another reference no 1 of 2007 2007 eacj 3 11 november 2007

The intervention by armed security agents of Uganda to prevent execution of a lawful court order violated the principle of the rule of law and contravened the Treaty. The Secretary General can investigate such matters on his own initiative, but must have knowledge of the events. The doctrine of res judicata does not apply as the parties and issues are not the same. The Court does not have jurisdiction over human rights per se, but can interpret the Treaty even if human rights issues are implicated.

Citation
katabazi and others v secretary general of east african community and another reference no 1 of 2007 2007 eacj 3 11 november 2007
Parties
Applicant: James Katabazi and 21 others; 1st Respondent: Secretary General of the East African Community; 2nd Respondent: Attorney General of the Republic of Uganda
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
11 November 2007
Procedural Posture
Reference / Judgment
Outcome
Reference succeeds in part
Legal Topics
Rule of Law, Independence of Judiciary, Treaty Interpretation, Jurisdiction, Res Judicata
Source Language
English
International Law Constitutional Law Administrative Law Rule of Law Independence of Judiciary Treaty Interpretation Jurisdiction Res Judicata

Case Brief

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Parties

James Katabazi and 21 others

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 invasion of the High Court premises by armed agents of the Second Respondent, the re-arrest of the Complainants granted bail by the High Court and their incarceration in prison constitute infringement of the Treaty for the Establishment of the East African Community.
  2. 2 Whether the First Respondent can on his own initiative investigate matters falling under the ambit of the provisions of the Treaty.

Ratio Decidendi

The intervention by armed security agents of Uganda to prevent execution of a lawful court order violated the principle of the rule of law and contravened the Treaty. The Secretary General can investigate such matters on his own initiative, but must have knowledge of the events. The doctrine of res judicata does not apply as the parties and issues are not the same. The Court does not have jurisdiction over human rights per se, but can interpret the Treaty even if human rights issues are implicated.

Court Disposition

Reference succeeds in part

Orders

  • Costs awarded to the Claimants against the 2nd Respondent