The East African Court of Justice First Instance Division today delivered a ruling in an Ex-parte Application arising from a matter between EALA Speaker, Rt. Hon. Margaret Zziwa - Applicant and Secretary General of the East African Community - Respondent.
The subject matter of the Application was to seek among others an order prohibiting and restraining EALA from convening on the 17th December 2014 for purposes of considering a Report of the EALA Committee of Legal, Rules and Privileges intended to move a motion for resolution to remove the Applicant from office. Further, the said Committee is restrained from conducting any further investigations in this matter or tabling any report in the Assembly pending the hearing and determination of the main case filed in the Court.
The Court in its Ruling deemed it appropriate that the Application be heard ex- parte at the first instance due to the urgency of the matter considering the Report of the aforementioned Committee is scheduled for tabling and discussion on 17th December 2014, and the Applicants fate as Speaker may well depend on the outcome of this particular sitting of the Assembly.
However, the Court found that the Applicant failed to prove the irreparable injustice that the process of the removal may cause her, as had been claimed in the application. It was also the Court’s view that since the Applicant made representations to the Committee, to pre-judge the decision of this Committee and that of the Assembly would be unjust.
The Court further noted that Article 53(3) of the Treaty provides for the removal of the Speaker of the Assembly and so any holder of the office ought to know that possibility is always alive and pursuing that course of action will not amount to irreparable injustice to the Applicant.
The Court declared it was unable to accept the Applicant’s case that she is entitled to any ex-parte orders. The Court thus ordered the Application be fixed for hearing inter parte on 3rd February 2015. The Application was dismissed with no order as to cost.
Ruling was delivered by a full bench of Judges of the First Instance Division.
For Editors
EACJ Rules of Procedure
Rule 21 (2)
No motion shall be heard without notice to the parties affected by the application.
Provided, however, that the First Instance Division, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable injustice, may hear the motion and make any ex parte order upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Division deems just.
EAC Treaty
Article 53(3)
The Speaker of the Assembly may be removed from office by a resolution supported by not less than two thirds majority of the elected members for inability to perform the functions of his or her office, whether arising from infirmity of mind or body or for misconduct.
-ENDS-
For more information, please contact:
Ms. Geraldine Umugwaneza Deputy Registrar
Email: umugwaneza@eachq.org
Owora Richard Othieno, Head of Department;
Corporate Communications and Public Affairs;
Tel: +255 784 835021; Email: othieno@eachq.org
