The First Instance Court today dismissed the case seeking the Interpretation of the Treaty on the EALA tenure of office of the elected Members. The Court ruled that it saw nothing to fault the language in Art 51 (1) of the Treaty for the Establishment of the East African Community and it does not see anything even remotely vague or ambiguous in the Article apart from the willfully blind no one else would fail to read and understand the tenure of office of elected members as provided in the Article. That nothing calls for interpretation, plain reading was enough. It therefore dismissed the matter.
That the Court does not find any particular linguistic hurdles that the Applicant needed to cross check in order to understand what was clearly an ordinary and straightforward English sentence.
However, the Court challenged the Attorney General of Uganda that they have the mandate to make the request authority to seek an advisory opinion on the interpretation of the Treaty to EACJ where he deems appropriate in his capacity as the principal legal advisor to government, being the authority of the Partner State. The Attorney General must exercise his Judicial powers otherwise he can be challenged in a court of law.
The subject of the matter was the dissatisfaction of a limited liability company Legal Brian Trust towards the Attorney Generals’ interpretation on the term limits of EALA as two term limits of ten years only responding to the Uganda Speaker’s letter seeking interpretation after different interpretations were coming up. Different interpretations were about “a further term of five years” which the Court interpreted as a one more term like the previous. Therefore EALA members were being entitled to serve only two terms.
Parties in the matters were; Mr. Komakech Geoffrey representing Counsel of the Applicant Legal Brains Trust Limited and Ms. Magreth Nabakoza Counsel for the Attorney General of the Republic of Uganda, the Respondent, all appearing before Hon. Justice Johnston Busingye Principal Judge, Hon. Justice Arach Amoko Deputy Principal Judge and Hon. Justice John Mkwawa.
Notes for Editors.
Legal Brain Trust (LBT) limited Company’s main objective is to defend the rule of law, democracy and good governance in the region.
Article 51(1) of the Treaty states that “Subject to this Article, an elected member of the Assembly shall hold office for five years and be eligible for re-election for a further term of five years”
For more information contact
Dr. John Ruhangisa, Registrar
Email: ruhangisa@eachq.org
Ms. Geraldine Umugwaneza, Deputy Registrar
Email: umugwaneza@eachq.org
