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Legal Brains Trust Limited v A.G. of Uganda (Reference 10 of 2011)

East African Court of Justice · [2012] EACJ 6 · 2012 Reference Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference under Articles 23, 27 and 30 of the Treaty for the Establishment of the East African Community seeking interpretation of Article 51(1) of the Treaty
Decision
Reference dismissed on the merits but each party to bear own costs as the matter was public interest litigation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that under Article 51(1) of the Treaty for the Establishment of the East African Community, an elected member of the East African Legislative Assembly shall hold office for five years and be eligible for re-election for a further term of five years, meaning a maximum of two terms totalling ten years. The Attorney General did not infringe the Treaty by interpreting it, but failed to exercise his discretion judiciously by not seeking an advisory opinion from the Court as requested by the Speaker of Parliament. The Reference was dismissed.

Outcome

Reference dismissed on the merits but each party to bear own costs as the matter was public interest litigation

Facts

The Speaker of the Parliament of Uganda wrote to the Attorney General requesting him to seek an advisory opinion from the East African Court of Justice on the interpretation of Article 51(1) of the Treaty, which provides that an elected member of the East African Legislative Assembly shall hold office for five years and be eligible for re-election for a further term of five years. Two divergent views existed: one that members could seek re-election every time a term ended, and another that members could serve only two terms. The Attorney General interpreted the Article himself and advised that members could serve only two terms, without seeking the Court's advisory opinion. Legal Brains Trust Limited, a company whose objectives include defending the rule of law and good governance, filed this Reference challenging the Attorney General's interpretation as erroneous and unlawful.

Issues

  1. Whether under Article 51(1) of the Treaty, a Member of the East African Legislative Assembly can only hold office for a maximum of two terms.
  2. Whether it was an infringement of the Treaty for the Attorney General of Uganda to interpret Article 51(1) of the Treaty.
  3. Whether the Applicant is entitled to the remedies sought.

Orders

  • Reference dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Treaty Interpretation — Vienna Convention Principles — Ordinary Meaning in Context
A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in light of its object and purpose, as provided in Article 31 of the Vienna Convention on the Law of Treaties.
Treaty Interpretation — Contextual Interpretation — Phrase 'A Further Term of Five Years'
The phrase 'a further term of five years' in Article 51(1) of the Treaty for the Establishment of the East African Community means one additional term of five years following the initial five-year term, limiting elected members of the East African Legislative Assembly to a maximum of two terms totalling ten years.
Treaty Interpretation — Comparison with Other Provisions — Consistency of Drafting
Where framers of a treaty intend to limit periods of service, they employ clear and unambiguous language such as 'a fixed five year term, renewable once' or 'a maximum period of seven years', and the same clarity applies to Article 51(1) which explicitly provides for five years followed by a further term of five years.
Attorney General — Discretion to Seek Advisory Opinion — Judicial Exercise of Discretion
Article 36 of the Treaty for the Establishment of the East African Community gives the Attorney General discretion to request an advisory opinion from the East African Court of Justice, but that discretion must be exercised judiciously based on the materials available, and where a question of law arises from the Treaty and affects the Community, the Attorney General should request an advisory opinion to ensure consistency of interpretation across Partner States.
Attorney General — Legal Opinion Distinguished from Advisory Opinion — No Usurpation of Court's Power
An Attorney General who provides a legal opinion on the interpretation of a treaty provision does not thereby usurp the power of the East African Court of Justice, as a legal opinion cannot be mistaken for an advisory opinion from the Court, though the Attorney General should refer questions of treaty interpretation to the Court to ensure consistency across Partner States.

Legislation cited (21)

  • Treaty for the Establishment of the East African Community Article 51(1)
  • 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 30
  • Treaty for the Establishment of the East African Community Article 36
  • Treaty for the Establishment of the East African Community Article 50(1)
  • Treaty for the Establishment of the East African Community Article 50(2)
  • Treaty for the Establishment of the East African Community Article 52
  • Treaty for the Establishment of the East African Community Article 67(4)
  • Treaty for the Establishment of the East African Community Article 68(4)
  • Treaty for the Establishment of the East African Community Article 53(1)
  • Treaty for the Establishment of the East African Community Article 53(2)
  • Treaty for the Establishment of the East African Community Article 25(1)
  • Treaty for the Establishment of the East African Community Article 33(2)
  • Treaty for the Establishment of the East African Community Article 31
  • Treaty for the Establishment of the East African Community Article 8(2)
  • Vienna Convention on the Law of Treaties Article 31
  • Vienna Convention on the Law of Treaties Article 32
  • Constitution of Uganda Article 119(4)
  • East African Community Act 2002 (Uganda) s.3
  • Privacy Act 1985 (Canada) s.53(3)

Cases cited (6)

  • Peter Anyang Nyongo and Others v Attorney General of Kenya and Others (Reference No. 1 of 2006)
  • East African Law Society and Four Others v Attorney General of Kenya and Three Others (Reference No. 3 of 2007)
  • Pinner v Everrett [1969] ALL ER 258
  • R v Durham Justices (1895) 1 QB 801
  • Re Fickus (1900) ICL 331
  • R v Brocklehurst (1892) QB 566

Full judgment

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

Legal Brains Trust Limited v A.G. of Uganda (Reference 10 of 2011) [2012] EACJ 6 (30 March 2012)
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.