Democratic Party and Another v Secretary General of East African Community and Another (Application 6 of 2011)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court held that Uganda's 2006 Rules of Procedure for electing members to the East African Legislative Assembly, which had been declared null and void by Uganda's Constitutional Court in 2008, remained unamended and did not conform to Article 50 of the Treaty for the Establishment of the East African Community. The Court restrained Uganda's Parliament and Attorney General from conducting EALA elections until the Rules are amended to conform to the Treaty. The Court found no failure by the Secretary General to supervise Uganda, as amendment processes were ongoing, but granted the restraining order to protect the Applicants' rights and ensure Treaty compliance.
Outcome
Restraining order granted against Uganda's Parliament and Attorney General prohibiting EALA elections until Rules amended; case against 1st Respondent dismissed
Facts
The Democratic Party and Mukasa Fred Mbidde challenged Uganda's Rules of Procedure for electing members to the East African Legislative Assembly. In 2008, Uganda's Constitutional Court in Jacob Oulanyah v Attorney General declared Rules 11(1) and Appendix B rules 3, 10, and 11 of the 2006 Parliamentary Rules null and void for contravening Uganda's Constitution and Article 50 of the EAC Treaty. The Attorney General obtained a stay of execution and appealed to the Supreme Court, where the appeal remained unheard. Despite the Constitutional Court's ruling, the Rules remained unamended four years later. The Applicants feared that upcoming EALA elections would be conducted under the invalid Rules, denying them representation. They sought declarations that the Rules contravened the Treaty and restraining orders against conducting elections until the Rules were amended. The Court granted a temporary injunction pending determination of the Reference.
Issues
- Whether the 1st Respondent (Secretary General of the East African Community) has failed to supervise the Government of the Republic of Uganda to ensure that its National Assembly amends its Rules of Procedure for election of members of the East African Legislative Assembly.
- Whether the Applicants are entitled to the declarations sought against the Respondents.
Orders
- The Parliament of the Republic of Uganda, the Attorney General of the Republic of Uganda, and the EALA are restrained and prohibited from conducting and carrying out any elections of members to the EALA, assembling, convening, recognising, administering Oath of Office or otherwise howsoever presiding over or participating in the election of the Representatives of Uganda and recognising of any names of nominees as duly nominated and elected to the EALA until Rules 11(1) and Appendix B r 3, 10 and 11 of the Rules of Procedure of the Parliament of Uganda, 2006 are amended by the Parliament of the Republic of Uganda to conform to the provisions of Article 50 of the Treaty for the Establishment of the East African Community.
- The case against the 1st Respondent is dismissed with no orders as to costs.
- The 2nd Respondent shall pay the costs of this Reference to the Applicants.
Rules and key headnotes
Legislation cited (28)
- Treaty for the Establishment of the East African Community Article 6(d)
- Treaty for the Establishment of the East African Community Article 7
- Treaty for the Establishment of the East African Community Article 8
- Treaty for the Establishment of the East African Community Article 23
- Treaty for the Establishment of the East African Community Article 27
- Treaty for the Establishment of the East African Community Article 29
- Treaty for the Establishment of the East African Community Article 30
- Treaty for the Establishment of the East African Community Article 33
- Treaty for the Establishment of the East African Community Article 39
- Treaty for the Establishment of the East African Community Article 50
- Treaty for the Establishment of the East African Community Article 50(1)
- East African Court of Justice Rules of Procedure Rule 1(2)
- East African Court of Justice Rules of Procedure Rule 17
- East African Court of Justice Rules of Procedure Rule 24
- East African Court of Justice Rules of Procedure Rule 53
- Rules of Procedure of Parliament of Uganda 2006 Rule 11(1)
- Rules of Procedure of Parliament of Uganda 2006 Appendix B r3
- Rules of Procedure of Parliament of Uganda 2006 Appendix B r10
- Rules of Procedure of Parliament of Uganda 2006 Appendix B r11
- Constitution of Uganda Article 21(1)
- Constitution of Uganda Article 21(2)
- Constitution of Uganda Article 29(1)(e)
- Constitution of Uganda Article 74(4)
- Constitution of Uganda Article 74(5)
- Constitution of Uganda Article 89
- Constitution of Uganda Article 89(1)
- Constitution of Uganda Article 94(1)
- Constitution of Uganda Article 119
Cases cited (9)
- Jacob Oulanyah v Attorney General (Constitutional Petition No. 28 of 2006)
- Mukisa Biscuit Manufacturing Company Ltd v West End Distributors Ltd [1969] EA 696
- Prof Peter Anyang Nyong'o and Others v Attorney General of Kenya and 2 Others (Reference No. 1 of 2006)
- Christopher Mtikila v Attorney General of Tanzania and Secretary General of the East African Community (Reference No. 2 of 2007)
- Cox v Green [1996] Ch 216
- Loel v Sanger [1949] Ch 258
- Mellstram v Garner [1970] 1 WLR 603
- Bennet v Chappel [1966] Ch 391
- Williams v Home Office (No. 2) [1981] 1 All ER 1211
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.