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East African Civil Society Organization Forum v A.G. of Burundi and Ors. (Reference 2 of 2015)

East African Court of Justice · [2016] EACJ 131 · 2016 Reference Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference to the East African Court of Justice challenging the legality of a Constitutional Court decision and related electoral matters in Burundi
Decision
Reference dismissed on jurisdictional and procedural grounds

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The East African Court of Justice held that while the Reference challenging the Constitutional Court of Burundi's decision was filed within time, the Court lacked jurisdiction to revise, review or quash decisions of national courts. The Court affirmed its mandate to interpret the EAC Treaty and assess Partner State compliance, but declined to interrogate the correctness of the Constitutional Court's decision. The 2nd Respondent was improperly joined as it lacked legal personality under Article 30(1) of the Treaty. The Reference was dismissed with each party bearing its own costs.

Outcome

Reference dismissed on jurisdictional and procedural grounds

Facts

The Applicant, a civil society platform, challenged the Constitutional Court of Burundi's decision of 5 May 2015 that allowed President Pierre Nkurunziza to run for a third term. The challenge was based on alleged violations of the Arusha Peace and Reconciliation Agreement (domesticated as Burundian Law No. 1/017 of 2000) and the EAC Treaty. The Applicant contended that the nomination violated the Arusha Agreement's term limits and principles of good governance under the Treaty. The Constitutional Court's decision was made after its Vice-President fled the country alleging intimidation. The Applicant sought declarations that the decision violated the Arusha Agreement and the Treaty, and orders directing the Secretary General to advise on potential suspension or expulsion of Burundi from the EAC.

Issues

  1. Whether the Reference is time-barred under Article 30(2) of the EAC Treaty
  2. Whether the East African Court of Justice has jurisdiction over the interpretation and application of the Constitution of the Republic of Burundi and the Arusha Peace and Reconciliation Agreement
  3. Whether the Court has jurisdiction to revise, review or quash the decision of the Constitutional Court of Burundi
  4. Whether the 2nd Respondent (CENI) has legal personality to be sued before the East African Court of Justice
  5. Whether the Reference discloses any cause of action against the 3rd Respondent (Secretary General of the EAC)
  6. Whether the Applicant is entitled to the remedies sought

Orders

  • Reference dismissed.
  • 2nd Respondent (CENI) struck off the proceedings as improperly enjoined.
  • Prayer (c) relating to the nomination of Mr. Pierre Nkurunziza declared time-barred.
  • Each party to bear its own costs.

Rules and key headnotes

Limitation Periods — Computation of Time — Extension Where Period Ends on Non-Working Day
Where a period fixed by the East African Court of Justice Rules would otherwise end on a Saturday, Sunday or official holiday, it shall be extended until the end of the first following working day.
Jurisdiction — East African Court of Justice — Interpretation of Partner State Constitutions and Domestic Laws
The East African Court of Justice has jurisdiction to interpret and apply the constitutions and domestic laws of Partner States when determining whether actions of a Partner State contravene the principles of the rule of law under the EAC Treaty, and the Court does not abide the determination of the import of such internal law by national courts.
Jurisdiction — Limits on Appellate Review of National Court Decisions
The East African Court of Justice has no jurisdiction to revise, review or quash decisions of national courts of Partner States, as such jurisdiction would require the Court to exercise appellate jurisdiction which it does not possess, and would interfere with the independence of Partner State courts which is a paramount principle of the rule of law.
Locus Standi — Legal Personality — National Institutions Before Regional Courts
Under Article 30(1) of the EAC Treaty, only Partner States and institutions of the East African Community can be sued for violations of the Treaty; national institutions created by a Partner State and not by the EAC Summit are not proper parties to be sued before the East African Court of Justice.
Treaty Interpretation — Primacy of Regional Law — Limits on Interference with National Judicial Decisions
While EAC organs, institutions, law and decisions of the East African Court of Justice have precedence over decisions of national organs as regards interpretation and application of the Treaty, this primacy does not extend to interrogating the correctness of decisions of national courts in a judicial manner, as this would require appellate jurisdiction which the Court does not possess.

Legislation cited (5)

  • Treaty for the Establishment of the East African Community Articles 5(3)(f), 6(d), 7(2), 8(1)(a), 8(5), 27(1), 29, 30, 38, 39, 124(1), 143, 146, 147
  • East African Court of Justice Rules of Procedure Rules 1(2), 3, 24, 53, 111
  • Constitution of Burundi Articles 96, 231, 281, 302
  • Arusha Peace and Reconciliation Agreement for Burundi 2000 Article 7(3) of Protocol II
  • Burundian Law No. 1/017 of 1st December 2000

Cases cited (10)

  • Republic of Kenya v Independent Medical Legal Unit (IMLU) (Appeal No. 1 of 2011)
  • Sitanda Ssebalu v Secretary General of the East African Community (Reference No. 1 of 2010)
  • Henry Kyarimpa v Attorney General of Uganda (Appeal No. 6 of 2014)
  • James Katabazi and 4 Others v Secretary General of EAC (Reference No. 1 of 2007)
  • Attorney General of Rwanda v Plaxeda Rugumba (Appeal No. 1 of 2006)
  • R v Secretary of State for Transport ex parte Factortame (No. 2) [1991] AC 603
  • East African Law Society v Attorney General of Burundi and Secretary General of the East African Community (Reference No. 1 of 2014)
  • Burundian Journalists Union v Attorney General of Burundi and Others (Reference No. 7 of 2013)
  • Democratic Party v Secretary General of the EAC (Appeal No. 1 of 2014)
  • Modern Holdings Ltd v Kenya Ports Authority (Reference No. 1 of 2008)

Full judgment

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

East African Civil Society Organization Forum v A.G. of Burundi and Ors. (Reference 2 of 2015) [2016] EACJ 131 (29 September 2016)
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.