East African Community Act, 2002

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 187
Version: 31 Dec 2023
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

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About this statute

This section lists definitions of terms used in the Act (for example: Act of the Community; Assembly; Community; Council; Gazette; institutions; Minister; organs; Partner States; Secretariat; Treaty). The Treaty as set out in the Schedule shall have the force of law in Uganda. The Community shall have corporate capacity in Uganda, with powers to own property, sue or be sued, perform Treaty functions (including borrowing), and subsection (2) does not permit disregarding any law. Payments required by the Government under the Treaty must be charged on and paid out of the Consolidated Fund; the Minister responsible for finance may arrange or raise loans and charge related issue costs to the Consolidated Fund; money received under the Treaty must be paid into the Consolidated Fund. Employees and experts serving the Community have specified immunities and privileges: employees are immune from civil process for official acts and may receive immigration-related immunities as determined by Partner States; experts and consultants are to be accorded immunities and privileges as agreed by Partner States.

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Provisions of East African Community Act, 2002

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1. Interpretation
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This section lists definitions of terms used in the Act (for example: Act of the Community; Assembly; Community; Council; Gazette; institutions; Minister; organs; Partner States; Secretariat; Treaty).

Section 1. Interpretation Section In this Act, unless the context otherwise requires— “ Act of the Community ” means an Act of the Community enacted in accordance with Article 62 of the Treaty ; “ Assembly ” means the East African Legislative Assembly established by Article 9 of the Treaty ; “ Community ” means the East African Community established by Article 2 of the Treaty ; “ Council ” means the Council of the East African Community established by Article 9 of the Treaty ; “ Gazette ” means the official Gazette of the Community ; “ institutions ” means the institutions of the Community established by or under Article 9 of the Treaty ; “ Minister ” means the Minister responsible for regional cooperation; “ organs ” means the organs established by Article 9 of the Treaty ; “ Partner States ” means the United Republic of Tanzania, the Republic of Uganda, the Republic of Kenya and any other country granted membership to the Community under Article 3 of the Treaty ; “ Secretariat ” means the Secretariat of the tripartite commission established under Article 6 of the Agreement for the Establishment of a Permanent Tripartite Commission for Cooperation between the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya entered into on the 30th day of November, 1993; “ Treaty ” means the Treaty for the Establishment of the East African Community dated 30th November 1999 and entered into by the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya which is set out in the Schedule to this Act, and as amended under any provision of the Treaty or otherwise modified.
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2.Treatyto have force of law in Uganda
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The Treaty as set out in the Schedule shall have the force of law in Uganda.

Section 2.Treatyto have force of law in Uganda Section 2(1) The Treaty as set out in the Schedule to this Act shall have the force of law in Uganda. Section 2(2) Without prejudice to the general effect of subsection (1) , all rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Treaty and all remedies and procedures provided for by or under the Treaty , shall be recognised and available in the law and be enforced and allowed in Uganda.
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3.Communityto have capacity of body corporate
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The Community shall have corporate capacity in Uganda, with powers to own property, sue or be sued, perform Treaty functions (including borrowing), and subsection (2) does not permit disregarding any law.

Section 3.Communityto have capacity of body corporate Section 3(1) The Community shall have the capacity, within Uganda, of a body corporate with perpetual succession and shall have power to acquire, hold, manage and dispose of land and other property and to sue and be sued in its own name. Section 3(2) The Community shall have power to perform any of the functions conferred upon it by the Treaty and to do all things, including borrowing, that are in the opinion of the Council necessary or desirable for the performance of those functions. Section 3(3) Subsection (2) relates only to the capacity of the Community as a body corporate and nothing in that subsection shall be construed as authorising the disregard by the Community of any law as affecting any power of the Community conferred by any law.
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4. Finances
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Payments required by the Government under the Treaty must be charged on and paid out of the Consolidated Fund; the Minister responsible for finance may arrange or raise loans and charge related issue costs to the Consolidated Fund; money received under the Treaty must be paid into the Consolidated Fund.

Section 4. Finances Section 4(1) There shall be charged on and paid out of the Consolidated Fund, without further appropriation than this Act, all payments required to be made by the Government under the terms of the Treaty . Section 4(2) Subject to Article 159 of the Constitution , for the purposes of providing any sums required for making payments under this section, the Minister responsible for finance may, on behalf of the Government, make such arrangements as are necessary or raise loans by creation and issue of securities bearing such rates of interest and subject to such conditions as to repayment, redemption or otherwise as the Minister thinks fit; and the charges and expenses incurred in connection with their issue shall be charged on and issued out of the Consolidated Fund. Section 4(3) Any money received by the Government under the Treaty shall be paid into and form part of the Consolidated Fund and shall be available in any manner in which the Consolidated Fund is available.
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5. Immunities and privileges of employees
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Employees and experts serving the Community have specified immunities and privileges: employees are immune from civil process for official acts and may receive immigration-related immunities as determined by Partner States; experts and consultants are to be accorded immunities and privileges as agreed by Partner States.

Section 5. Immunities and privileges of employees Section 5(1) The persons employed in the service of the Community shall— Section 5(1)(a) be immune from civil process with respect to acts performed by them in their official capacity; and Section 5(1)(b) be accorded such immunities from immigration restrictions and alien registration as the Partner States may determine. Section 5(2) The experts and consultants rendering services to the Community shall be accorded such immunities and privileges as may be agreed by the Partner States .
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6. Status, immunities and privileges ofCommunity
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The Community shall be accorded status, capacity, immunities, privileges and exemptions as agreed by the Partner States; members of its organs and institutions shall be accorded immunities and privileges as agreed by the Partner States.

Section 6. Status, immunities and privileges ofCommunity Section 6(1) The Community shall be accorded such status, capacity, immunities, privileges and exemptions as may be agreed upon by the Partner States . Section 6(2) Members of the organs and institutions of the Community shall be accorded such immunities and privileges as may be agreed upon by the Partner States .
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7. Acts ofCommunityto have force of law
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Provisions of any Act of the Community have the force of law in Uganda from the date of publication of that Act in the Gazette.

Section 7. Acts ofCommunityto have force of law Section 7(1) The provisions of any Act of the Community shall, from the date publication of that Act in the Gazette , have the force of law in Uganda. Section 7(2) An Act of the Community shall come into operation on the date of its publication in the Gazette or, if it is provided in that Act that some or all of its provisions shall come into operation on some other date, whether before or after the date of the publication, those provisions shall come into operation on that other date. Section 7(3) An Act of the Community passed under this section shall be laid before Parliament.
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8. Adaptation of written laws
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The Attorney General has the power to, by order published in the Gazette and within twenty-four months from commencement of the Act, make amendments and adaptations to any written law to bring it into conformity with the Treaty or to give effect to its provisions.

Section 8. Adaptation of written laws Section 8(1) The Attorney General may, by order published in the Gazette , at any time before the expiration of twenty-four months from the commencement of this Act, make such amendments and adaptations to any written law as may appear to the Attorney General necessary or expedient for bringing that written law into conformity with the provisions of the Treaty or otherwise for giving effect or enabling effect to be given to those provisions. Section 8(2) An order made under this section shall be laid before Parliament as soon as practicable after it is published in the Gazette .
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9. Subsequent amendment ofTreaty
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If, after this Act commences, the Treaty is amended under Article 150 and ratified under Article 123, the Minister must lay a copy of that amendment or modification before Parliament.

Section 9. Subsequent amendment ofTreaty Section Where after the commencement of this Act, the Treaty is amended or modified in accordance with Article 150 of the Treaty , and ratified under Article 123 of the Constitution , the Minister shall cause a copy of the amendment or modification to be laid before Parliament; and the amendment or modification shall, for the purposes of this Act, come or be deemed to have come into operation on the date it is laid before Parliament.

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East African Community Act, 2002

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Provisions of East African Community Act, 2002

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