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East African Law Society v Secretary General of The East African Community (Reference 7 of 2014)

East African Court of Justice · [2016] EACJ 113 · 2016 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference filed under the Treaty Establishing the East African Community challenging the Secretary General's failure to discharge statutory obligations
Decision
Reference partly allowed; declaration issued that Respondent breached Treaty obligations; order issued directing submission of fact-finding report to Council of Ministers

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the Reference was not time-barred, as the cause of action arose from the Secretary General's failure to discharge Treaty obligations, not from the expulsion itself. The Secretary General breached Article 71(1)(d) and (l) by failing to submit the fact-finding mission report to the Council of Ministers. The Court ordered submission of the report to the next Council meeting.

Outcome

Reference partly allowed; declaration issued that Respondent breached Treaty obligations; order issued directing submission of fact-finding report to Council of Ministers

Facts

In August 2013, Rwandan and Burundian immigrants were expelled from the Kagera region of Tanzania. The East African Law Society issued a statement on 20 August 2013 expressing concern and calling on the Secretary General to take remedial action. The Council of Ministers considered the matter on 31 August 2013 and directed Tanzania and Rwanda to meet to resolve the issue. A fact-finding mission was established and visited the affected areas. By letter dated 27 February 2014, the Applicant inquired about remedial steps taken. The Secretary General replied on 19 March 2014 indicating that the Council had given directives but the matter remained unresolved. The Applicant filed this Reference on 28 April 2014, alleging that the Secretary General failed to implement Council directives and to submit the fact-finding mission report to the Council for consideration.

Issues

  1. Whether the Reference is time barred under Article 30(2) of the Treaty
  2. Whether the Respondent failed to discharge his obligations under Article 71(1)(d) and (l) of the Treaty
  3. Whether the Applicant is entitled to the remedies sought

Orders

  • A declaration that by failing to submit to the Council of Ministers the report of the fact-finding mission that had been established and had visited areas of the Kagera Region of the United Republic of Tanzania, affected by the alleged irregular expulsion of immigrants, the Respondent breached his statutory obligations under Article 71(1)(d) and (l) of the Treaty.
  • An order directing the Respondent to submit to the next meeting of the Council of Ministers for consideration, the findings and recommendations of the fact-finding mission that had been established and had visited areas of the Kagera Region of the United Republic of Tanzania, affected by the alleged irregular expulsion of immigrants.
  • Each party shall bear its own costs.

Rules and key headnotes

Limitation Periods — Computation of Time — Cause of Action
For purposes of computing the two-month limitation period under Article 30(2) of the Treaty Establishing the East African Community, time runs from when the cause of action accrues, not from when an underlying event occurs. Where a Reference challenges an official's failure to discharge statutory obligations, the cause of action accrues when the applicant becomes aware of that failure, not when the events giving rise to the duty occurred.
Statutory Duties — Secretary General — Duty to Investigate
Article 71(1)(d) of the Treaty Establishing the East African Community imposes on the Secretariat a duty to undertake investigations, collect information, or verify matters relating to any matter affecting the Community that appears to merit examination. Alleged illegal expulsion of citizens of one Partner State by another Partner State is a matter that calls for examination in order to assess the truth and take appropriate remedial measures.
Statutory Duties — Secretary General — Duty to Submit Reports
Where the Secretary General establishes a fact-finding mission to investigate alleged violations of Treaty objectives and fundamental principles, the normal course of action is to submit the findings and recommendations from the mission's report to the Council for consideration. This is in fulfilment of the Secretariat's function under Article 71(1)(a) of initiating, receiving and submitting recommendations to the Council.
Standard of Care — Due Diligence — Public Officials
The Secretary General of the East African Community must exercise due diligence in carrying out Treaty obligations. Due diligence is the diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation. The Secretary General cannot shun responsibilities by stating that ineffective measures were taken, such as initiating meetings which never took place or establishing a fact-finding mission whose report was never submitted to the relevant organ.
Statutory Duties — Vigilance — Proactive Measures
Faced with alleged violations of objectives and fundamental principles encapsulated in the Treaty, the Secretary General ought to be vigilant and take effective and proactive measures to ensure a thorough investigation into the matter and come up with a comprehensive report with relevant recommendations on how to resolve the matter.

Legislation cited (19)

  • Treaty Establishing the East African Community Article 4
  • Treaty Establishing the East African Community Article 5
  • Treaty Establishing the East African Community Article 6
  • Treaty Establishing the East African Community Article 7
  • Treaty Establishing the East African Community Article 9(4)
  • Treaty Establishing the East African Community Article 27
  • Treaty Establishing the East African Community Article 29
  • Treaty Establishing the East African Community Article 30
  • Treaty Establishing the East African Community Article 30(2)
  • Treaty Establishing the East African Community Article 71
  • Treaty Establishing the East African Community Article 71(1)
  • Treaty Establishing the East African Community Article 71(1)(a)
  • Treaty Establishing the East African Community Article 71(1)(d)
  • Treaty Establishing the East African Community Article 71(1)(l)
  • Treaty Establishing the East African Community Article 124
  • East African Court of Justice Rules of Procedure Rule 1(2)
  • East African Court of Justice Rules of Procedure Rule 24
  • East African Court of Justice Rules of Procedure Rule 53
  • East African Court of Justice Rules of Procedure Rule 54

Cases cited (2)

  • James Katabazi and 21 Others v Secretary General of the East African Community and Another (EACJ Reference No. 1 of 2007)
  • Attorney General of the Republic of Kenya v Independent Medical Legal Unit (EACJ Appeal No. 1 of 2011)

Full judgment

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

East African Law Society v Secretary General of The East African Community (Reference 7 of 2014) [2016] EACJ 113 (22 March 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.