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East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022)

East African Court of Justice · [2023] EACJ 10 · 2023 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from the First Instance Division of the East African Court of Justice arising from Reference No. 1 of 2020
Decision
Appeal dismissed; judgment of the First Instance Division upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Appellate Division of the East African Court of Justice held that the attendance of Attorneys General of Partner States is not a prerequisite for a valid meeting of the Council of Ministers. The Court distinguished between membership of the Council (governed by Article 13 of the Treaty) and quorum for Council meetings (governed by Article 15(2) and the Rules of Procedure). The Court found that the Council validly exercised its power under Article 15(2) to determine its own quorum requirements through Rule 11 of the Rules of Procedure, which requires representation from all Partner States but does not mandate attendance of Attorneys General. The Court held that the 39th Ordinary Meeting of the Council held on 28 November 2019 was lawfully conducted with proper quorum. The appeal was dismissed.

Outcome

Appeal dismissed; judgment of the First Instance Division upheld

Facts

The East Africa Law Society challenged the validity of the 39th Ordinary Meeting of the East African Council of Ministers held on 28 November 2019. The Appellant contended that the meeting lacked quorum because not all Attorneys General of the Partner States were present. Article 13 of the Treaty for the Establishment of the East African Community was amended in 2007 to include Attorneys General as members of the Council. The Appellant argued that this amendment made their attendance mandatory for a valid Council meeting. The First Instance Division dismissed the Reference, holding that the meeting was properly constituted. The Appellant appealed, raising twelve grounds challenging the Trial Court's interpretation of Articles 13 and 14 of the Treaty and the relationship between the Treaty and the Council's Rules of Procedure.

Issues

  1. Whether the Trial Court erred in law by holding that the attendance of all or some Attorneys General of the Partner States is not a prerequisite for a Council Meeting.
  2. Whether the Trial Court erred in law by subjecting the provisions of Articles 13 and 14 of the Treaty to the Rules of Procedure of the Council of Ministers.
  3. What remedies are available to the parties?

Orders

  • Appeal dismissed in its entirety.
  • Each party to bear its own costs in the Appellate Division.
  • Each party to bear its own costs in the Trial Court.

Rules and key headnotes

Quorum Requirements — Distinction from Membership
Membership of an organisation and quorum for its meetings are distinct concepts. Membership determines who legitimately constitutes the organisation, while quorum addresses the minimum number of members required for the organisation to lawfully transact business. Unless expressly provided, there is no requirement that all members of an organisation must constitute the quorum for its meetings.
Treaty Interpretation — Supremacy of Treaty over Subsidiary Rules
Where there is a conflict between a treaty and rules or regulations made under it, the treaty must prevail. As a higher legal norm, the treaty overrides not only inconsistent domestic laws of Partner States but also any inconsistent rules and regulations made under the treaty itself. Rules and regulations derive their validity from the treaty and must cede to it in case of inconsistency.
Council of Ministers — Power to Determine Procedure and Quorum
Where a treaty expressly vests in a Council the power to determine its own procedure, including the conduct of its meetings, the Council may validly prescribe the quorum for its meetings through its Rules of Procedure. Such rules on quorum, made pursuant to powers donated by the treaty, do not conflict with treaty provisions on membership where membership and quorum address distinct matters.
Treaty Amendment — Purpose and Context
In interpreting an amendment to a treaty, the court must consider the context and purpose that led to the amendment. Where an amendment was made to cure a specific defect identified by judicial decision, the amendment should be interpreted in light of that purpose rather than given an expansive meaning beyond what was necessary to address the identified defect.
Sectoral Councils — Composition Requirements
Where a treaty requires sectoral councils to be established from among members of a parent council, all members of the sectoral council must also be members of the parent council. An amendment to the parent council's membership to include additional categories of members may be necessary to ensure that sectoral councils can be properly constituted in accordance with the treaty.

Legislation cited (31)

  • Treaty for the Establishment of the East African Community Article 6
  • Treaty for the Establishment of the East African Community Article 7
  • Treaty for the Establishment of the East African Community Article 8(4)
  • Treaty for the Establishment of the East African Community Article 9(1)
  • Treaty for the Establishment of the East African Community Article 9(2)
  • Treaty for the Establishment of the East African Community Article 13
  • Treaty for the Establishment of the East African Community Article 14
  • Treaty for the Establishment of the East African Community Article 14(3)(i)
  • Treaty for the Establishment of the East African Community Article 15
  • Treaty for the Establishment of the East African Community Article 15(2)
  • Treaty for the Establishment of the East African Community Article 16
  • Treaty for the Establishment of the East African Community Article 30
  • Treaty for the Establishment of the East African Community Article 35A
  • Treaty for the Establishment of the East African Community Article 67
  • Treaty for the Establishment of the East African Community Article 69(1)
  • Treaty for the Establishment of the East African Community Article 70(3)
  • Treaty for the Establishment of the East African Community Article 71(1)(a)
  • Treaty for the Establishment of the East African Community Article 71(1)(b)
  • Treaty for the Establishment of the East African Community Article 71(1)(d)
  • Treaty for the Establishment of the East African Community Article 71(1)(k)
  • Treaty for the Establishment of the East African Community Article 71(1)(l)
  • Treaty for the Establishment of the East African Community Article 71(1)(m)
  • Treaty for the Establishment of the East African Community Article 71(4)
  • Rules of Procedure of the Council of Ministers Rule 2
  • Rules of Procedure of the Council of Ministers Rule 3
  • Rules of Procedure of the Council of Ministers Rule 11
  • Vienna Convention on the Law of Treaties 1969 Article 31(1)
  • Vienna Convention on the Law of Treaties 1969 Article 31(a)
  • Vienna Convention on the Law of Treaties 1969 Article 31(b)
  • Rules of the East African Court of Justice 2019 Rule 86
  • Rules of the East African Court of Justice 2019 Rule 127

Cases cited (12)

  • Simon Peter Ochieng & Another v Attorney General of the Republic of Uganda (Appeal No. 4 of 2015)
  • Angella Amudo v Secretary General of the East African Community (Appeal No. 4 of 2014)
  • Calist Andrew Mwatela & 2 Others v The East African Community (Application No. 1 of 2005)
  • Richard Marx, Lisa and Casto Del Amo Martinez v. European Parliament, Case No. T-182/94
  • Attorney General of Burundi v Secretary General of the East African Community (Reference No. 2 of 2018)
  • Attorney General of the United Republic of Tanzania v African Network for Animal Welfare (Appeal No. 3 of 2011)
  • Advisory Opinion No. 1 of 2015
  • Peter Anyang 'Nyong'o & Others v Attorney General of Kenya (Reference No. 1 of 2006)
  • Gasagara & Another v Attorney General of Rwanda (Applications No. 5 and 22 of 2020)
  • Margaret Zziwa v. Secretary General of the East African Community
  • Attorney General of Rwanda v Union Trade Centre (Appeal No. 10 of 2020)
  • The Rainbow Warrior case, 82 I.LR (1990)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022) [2023] EACJ 10 (31 May 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.