Wakilii

Rugasara and Another v Attorney General of the Republic of Rwanda (Application No.22 of 2020; Application No.5 of 2020)

East African Court of Justice · [2020] EACJ 13 · 2020 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated interlocutory applications arising from Reference No. 4 of 2020 — Application No. 5 seeking production of court documents and leave to amend pleadings; Application No. 22 seeking determination by a full bench
Decision
Application No. 22 dismissed; Application No. 5 allowed with directions for production of documents and leave to amend pleadings granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court dismissed the application for a full bench, holding that a three-judge coram was sufficient and that judicial economy required efficient use of scarce judicial resources. The Court allowed the application for production of documents, ordering the Respondent State to lodge certified copies of the Rwanda Court of Appeal judgment and related pleadings by 26 December 2020, and granted the Applicants leave to amend their pleadings upon receipt. The Court declined to compel the Respondent State to translate the documents, directing the Applicants to secure their own translation from a recognised entity in Rwanda.

Outcome

Application No. 22 dismissed; Application No. 5 allowed with directions for production of documents and leave to amend pleadings granted

Facts

Gen. (Rtd.) Frank Kanyambo Rusagara and Col. Tom Byabagamba were arrested, detained and prosecuted in Rwanda between 2014 and 2015 for offences including spreading rumours to incite the public, tarnishing Rwanda's image, and illegal possession of arms. The Rwanda Court of Appeal endorsed their detention on 27 December 2019. The Applicants filed Reference No. 4 of 2020 in the East African Court of Justice challenging the legality of the Court of Appeal decision. They then filed Application No. 5 of 2020 seeking production of the Court of Appeal judgment and related documents, claiming they had only received notification of the decision but not the reasoned judgment. Before that application was heard, the Respondent State filed Application No. 22 of 2020 seeking to have the Reference and all related applications heard by a full bench on grounds of public importance and complexity of law. The Court consolidated both applications for hearing.

Issues

  1. Whether Reference No. 4 of 2020 and related applications should be heard by a full bench of the Court on grounds of public importance and complexity of law.
  2. Whether the Respondent State should be compelled to produce certified copies of the Rwanda Court of Appeal judgment and related court documents.
  3. Whether the Applicants should be granted leave to amend their pleadings upon receipt of the Court of Appeal judgment.
  4. Whether the Respondent State should be compelled to translate the court documents from Kinyarwanda to English.

Orders

  • Application No. 22 of 2020 dismissed with costs to the Respondents.
  • Application No. 5 of 2020 allowed.
  • Respondent State ordered to lodge in Court by 26 December 2020 a certified copy of the Rwanda Court of Appeal judgment and serve the same on Applicants' counsel.
  • Respondent State ordered to lodge in Court by 26 December 2020 certified copies of the parties' pleadings at the Military Tribunal, Military High Court and Court of Appeal of Rwanda and serve the same on Applicants' counsel.
  • Leave granted to the Applicants to amend their pleadings in Reference No. 4 of 2020 upon receipt of the Rwanda Court of Appeal judgment.
  • Applicants directed to secure their own translation of the certified documentation from a duly recognised entity in the Respondent State.
  • Costs of Application No. 5 of 2020 awarded to the Applicants.

Rules and key headnotes

Court Composition — Full Bench — Definition and Circumstances for Empanelling
A full bench of the First Instance Division of the East African Court of Justice comprises five or more judges of that Division, being an odd number to enable majority verdicts as required by Article 35(2) of the Treaty. The empanelling of a full bench is discretionary and should only be made where absolutely necessary, having regard to the public importance of the matter or conflict or complexity in the applicable law, and the principle of judicial economy.
Judicial Independence — Status of Judges as International Civil Servants
Upon appointment by the Summit, judges of the East African Court of Justice acquire the status of international civil servants and cease to be nominees or representatives of their Partner States of nationality. They owe loyalty and fidelity only to the Community and are bound by their oath of office, adjudicating matters without external influence from any Partner State or quarter.
Judicial Economy — Efficient Utilization of Judicial Resources
The principle of judicial economy denotes efficiency in the operation of courts and the judicial system, requiring the effective utilization of scarce judicial resources and avoiding unjustified delays in the determination of cases. Courts must execute their mandate within the confines of good governance, operating effectively, efficiently and in response to the critical needs of society.
Public Importance — Test for Determination by Full Bench
A matter takes on the character of general public importance where it is important to a sufficiently large section of the public. The question of whether a matter is of general public importance is ultimately a question of degree to be determined by judges on a case by case basis. The party seeking determination by a full bench bears the onus of establishing both the public importance of the matter and that a three-judge coram would be incapable of effectively adjudicating the dispute.
Production of Documents — Court's Inherent Jurisdiction to Ensure Due Process
The principle of equality of parties before the Court requires that all parties be extended equality of treatment and equal application of the law, with none subjected to undue oppression or vexation. Within its inherent jurisdiction to ensure observance of due process and to do justice between the parties, the Court may direct a party to make documents demonstrably available to the opposing party where such direction is necessary for the ends of justice.
Amendment of Pleadings — Leave to Amend for Determining Real Questions in Controversy
Under Rule 48(c) of the East African Court of Justice Rules, the Court may grant leave to amend pleadings for purposes of determining the real questions in controversy between the parties or correcting any defect or error in any pleading. Where a reference has been lodged in the absence of the judgment it seeks to challenge, the certified copies of the impugned judgment and related pleadings are critical to determining the real issues in controversy and the justice of the case supports granting leave to amend.

Cases cited (7)

  • Rashid Salim Adiy and Others v Attorney General of the United Republic of Tanzania and Others (EACJ Application No. 7 of 2018)
  • Hassan Basaiiabalaba and Another v Attorney General of the Republic of Uganda (EACJ Reference No. 8 of 2018)
  • Advisory Opinion No. 1 of 2015: A Request by the Council of Ministers of the East African Community
  • Human Rights Awareness and Promotion Forum v Attorney General of the Republic of Uganda and Another (EACJ Reference No. 6 of 2014)
  • The Queen on the Application of Crompton vs, Wiltshire Primary Care Trust, (2008) ECWA Civ. 749
  • R (on the application of Corner House Research) vs. Secretary of State for Trade and Industry, (2005) 4 All ER 1
  • Attorney General of the Republic of Burundi v Secretary General of the East African Community and Another (EACJ Appeal No. 2 of 2019)

Full judgment

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Rugasara and Another v Attorney General of the Republic of Rwanda (Application No.22 of 2020; Application No.5 of 2020) [2020] EACJ 13 (26 November 2020)
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.