East African Court of Justice Arusha, June 6, 2017; The First Instance Division of the East African Court of Justice has granted an interim ex parte order restraining the East African Legislative Assembly from administering the oath of office, or otherwise recognising nominees from the Republic of South Sudan pending the hearing inter partes on Thursday 15th June 2017.
An Application was filed by Mr. Wani Santino Jada, a citizen of the Republic of South Sudan against the Attorney General of the Republic of South Sudan, the Speaker of the Parliament of South Sudan and the Secretary General of the East African Community who are to be served with the ex parte order issued by the Court.
Mr. Wani Santino Jada who represented himself at the ex parte hearing said that on or about the 11th March 2017, His Exellency the President of the Republic of South Sudan appointed nine (9) persons to represent the said Partner State in EALA was in violation of Article 50 of the Treaty for the Establishment of the East African Community.
He argued that, whereas the swearing-in of EALA MPs that was due to take place yesterday 5th June 2017 at 2.30pm had since been deferred incidentally, it could nonetheless transpire before the hearing of the interim orders inter parties thus rendering the said Application nugatory.
The ex parte hearing was before a bench of the First Instance Division of the Court comprised of Justices Monica Mugenyi, Principal Judge; Isaac Lenaola, Deputy Principal Judge; Faustin Ntezilyayo, Judge; Fakihi Jundu, Judge and Audace Ngiye, Judge
Notes to the Editors
Article 50 (Election of Members of the Assembly)
The National Assembly of each Partner States shall elect, not from among its members, nine members of the Assembly, who shall represent as much as it is feasible, the various political parties represented in the National Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedure as the National Assembly of each Partner State may determine.
About the EACJ
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
For more information please contact:
Yufnalis Okubo, Registrar, East African Court of Justice. Tel: 255-27-2162149
Email Okubo@eachq.org
East African Court of Justice
Arusha, Tanzania
https://www.eacj.org
