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Magoti and Another v Attorney General of the United Republic of Tanzania (Reference No.2 of 2020)

East African Court of Justice · [2023] EACJ 14 · 2023 Reference Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference under Articles 6(d), 7(2), 8(1)(c), 27(1) and 30(1) of the Treaty for the Establishment of the East African Community challenging pre-trial detention and statutory provisions denying bail
Decision
Reference dismissed for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The East African Court of Justice dismissed the Reference for lack of jurisdiction ratione temporis. The Court held that where a statute enacted by a Partner State is challenged as violating the Treaty, the two-month limitation period under Article 30(2) runs from the date of enactment, not from the date of application. The impugned statutes were enacted in 1984 and 1985, decades before the Reference was filed in 2020. The Court further held that the Treaty, which came into force in 2000, cannot be applied retrospectively to statutes enacted before its entry into force.

Outcome

Reference dismissed for lack of jurisdiction

Facts

The Applicants, Tanzanian citizens, were arrested in December 2019 and charged with economic crimes and money laundering. Under Section 148(5)(v) of Tanzania's Criminal Procedure Act, bail was not available for money laundering offences, and the Applicants were detained at Segerea Prison from 24 December 2019. The Applicants alleged they were held in solitary confinement without access to lawyers or family. They filed a Reference in the East African Court of Justice in February 2020, challenging the constitutionality of the statutory provisions denying them bail and alleging violations of Articles 6(d) and 7(2) of the EAC Treaty. The impugned statutes—the Criminal Procedure Act and the Economic and Organized Crime Control Act—were enacted in 1985 and 1984 respectively, before the EAC Treaty came into force in 2000.

Issues

  1. Whether the Court has jurisdiction to declare Section 148(5) of the Criminal Procedure Act and Section 36(2) of the Economic and Organized Crime Control Act, Cap. 200 are in violation of the Treaty for the Establishment of the East African Community.
  2. Whether the challenged actions and cited sections of the laws are a violation of Articles 6(d) and 7(2) of the Treaty.
  3. Whether the parties are entitled to the remedies sought.

Orders

  • This Court lacks jurisdiction to entertain the Reference and the same is dismissed.
  • The costs of the Reference are awarded to the Respondent.

Rules and key headnotes

Jurisdiction — Ratione Temporis — Time Limits for Filing References
Under Article 30(2) of the Treaty for the Establishment of the East African Community, proceedings challenging the legality of an Act must be instituted within two months of the enactment of the Act. Where a statute enacted by a Partner State is challenged as violating the Treaty, the point of reckoning the two-month period is the date of enactment, not the date on which the statute is applied to a particular individual.
Treaty Interpretation — Strict Construction of Time Limits
The Treaty does not grant the East African Court of Justice any express or implied jurisdiction to extend the time limit set in Article 30(2). The Treaty does not recognize any continuing breach or violation outside the two months after a relevant action comes to the knowledge of the claimant, nor is there any power to extend that time limit. The reason for this short time limit is to ensure legal certainty among the diverse membership of the Community.
Jurisdiction — Primacy of Jurisdictional Issues
Jurisdiction is the most fundamental issue that a court faces in any trial. It is the very foundation upon which springs the flow of the judicial process. Without jurisdiction, a court has no power to make one more step. A court of law downs its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.
Treaty Application — Non-Retroactivity Principle
The principle of non-retroactivity is a well-known doctrine in Public International Law. It constitutes a limit on the scope of a Treaty ratione temporis. When a treaty is not retroactive, it cannot apply to any act or fact which took place or any situation which ceased to exist before the date of its entry into force. The EAC Treaty 2000 cannot be applied retrospectively to statutes enacted before the Treaty came into force.
Treaty Interpretation — Vienna Convention Principles
Under Article 28 of the Vienna Convention on the Law of Treaties, unless a different intention appears from the treaty or is otherwise established, its provisions do not bind a party in relation to any act or fact which took place before the date of the entry into force of the treaty. 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 the light of its object and purpose.

Legislation cited (19)

  • Treaty for the Establishment of the East African Community Article 6(d)
  • Treaty for the Establishment of the East African Community Article 7(2)
  • Treaty for the Establishment of the East African Community Article 8(1)(c)
  • Treaty for the Establishment of the East African Community Article 27(1)
  • Treaty for the Establishment of the East African Community Article 30(1)
  • Treaty for the Establishment of the East African Community Article 30(2)
  • East African Court of Justice Rules of Procedure 2013 Rule 24
  • East African Court of Justice Rules of Procedure 2013 Rule 127(1)
  • Criminal Procedure Act Cap. 20 RE 2002 s.148(5)(v)
  • Economic and Organized Crimes Control Act Cap. 200 RE 2002 s.36(2)
  • Economic and Organized Crimes Control Act Cap. 200 RE 2002 s.57(1)
  • Economic and Organized Crimes Control Act Cap. 200 RE 2002 s.60(2)
  • Cyber Crimes Act No. 14 of 2015 s.10(1)(a)
  • Anti Money Laundering Act 2006 s.12(d)
  • Anti Money Laundering Act 2006 s.13(c)
  • African Charter on Human and Peoples' Rights Article 6
  • Universal Declaration on Human Rights Article 9
  • Vienna Convention on the Law of Treaties Article 28
  • Vienna Convention on the Law of Treaties Article 31

Cases cited (10)

  • Attorney General of the United Republic of Tanzania v African Network for Animal Welfare (EACJ Appeal No. 3 of 2011)
  • Owners of the Motor Vessel Lillian S v Caltex Oil (Kenya) Ltd (1989) KLR 1
  • Eric Kabalisa Makala v Attorney General of the Republic of Rwanda (EACJ Reference No. 1 of 2017)
  • Attorney General of the Republic of Kenya v Independent Medical Legal Unit (EACJ Appeal No. 1 of 2011)
  • Nebec v EC Commission (Case 24/69) [1975] ECR 145
  • Ferriera Valsabbia Spa v EC Commission (Case 209/83)
  • Rashid Salim Ady and 39,999 Others v Attorney General of Zanzibar and Two Others (EACJ Reference No. 9 of 2016)
  • The Attorney General of the Republic of Uganda & Another vs. Omar Awadh & 6 Others
  • Emmanuel Mwakisha Mjawasi and 748 Others v Attorney General of the Republic of Kenya (EACJ Appeal No. 4 of 2011)
  • Alcon International Ltd v Standard Bank of Uganda and 2 Others (EACJ Appeal No. 3 of 2013)

Full judgment

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

Magoti and Another v Attorney General of the United Republic of Tanzania (Reference No.2 of 2020) [2023] EACJ 14 (30 November 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.