Wakilii

Zziwa v Secretary General of the East African Community (Appeal 2 of 2017)

East African Court of Justice · [2017] EACJ 69 · 2017 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from the judgment of the First Instance Division of the East African Court of Justice dated 3rd February 2017 in Reference No. 17 of 2014
Decision
Appeal partly allowed; special damages awarded; reinstatement declined as moot; costs awarded to Appellant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The East African Court of Justice Appellate Division held that the Court has jurisdiction under Articles 23 and 27 of the Treaty to grant remedies including reinstatement and damages for breach of Treaty obligations. The Court found that the Trial Court erred in declining to award special damages for the Appellant's unlawful removal from office as Speaker of the East African Legislative Assembly. The Appellant was awarded USD 114,000 in special damages with interest at 6% per annum from the date of filing the Amended Reference. The Court declined to reinstate the Appellant as the term of the Assembly had expired, making the remedy moot. The appeal was allowed with costs certified for two counsel.

Outcome

Appeal partly allowed; special damages awarded; reinstatement declined as moot; costs awarded to Appellant

Facts

Dr. Margaret Zziwa was elected Speaker of the East African Legislative Assembly (EALA) in June 2012. In March 2014, a motion for her removal was lodged. On 1st April 2014, the motion was presented but the Appellant ruled that the Assembly could not proceed due to a pending court reference and adjourned the House. In June 2014, after some members withdrew their signatures, the Appellant ruled that the motion had lapsed. In November 2014, 32 members of EALA convened, allegedly locked the Appellant in her office, elected a temporary Speaker, referred the motion to a committee, and suspended the Appellant. On 19th December 2014, the Assembly removed the Appellant from office. The Appellant challenged her removal through an Amended Reference filed in February 2015, contending that the proceedings violated Articles 53 and 56 of the Treaty and the rules of natural justice. The Trial Court found the removal unlawful but declined to reinstate the Appellant or award damages.

Issues

  1. Whether the Trial Court erred in law in holding that the Court did not have the mandate under Articles 23 and 27 of the Treaty and any other provisions of the Treaty to reinstate the Appellant as the Speaker of the Assembly.
  2. Whether the Trial Court erred in law in holding that the Appellant breached Rule 9(6) of the Assembly's Rules of Procedure by presiding over the proceedings of the Assembly for her removal from office on 1st April and 4th June 2014.
  3. Whether the Trial Court erred in law in declining to award the Appellant general and special damages as prayed in the Reference.
  4. Whether the Trial Court erred in declining to award the Appellant the costs of the Reference.

Orders

  • The Appeal is allowed with costs here and below with a certificate for two Counsel.
  • The judgment of the Trial Court is partially varied by affirming orders (a), (b), and (c) therein.
  • Order (d) of the Trial Court is set aside.
  • The Appellant is awarded special damages in the sum of American Dollars One Hundred and Fourteen Thousand ($114,000) together with interest thereon at six (6) percent per annum from 24th February 2015 till payment in full.
  • The Appellant's prayer for reinstatement as the Speaker of the East African Legislative Assembly is declined.

Rules and key headnotes

International Organizations — Jurisdiction of International Courts — Remedies for Treaty Violations
Articles 23(1) and 27(1) of the Treaty for the Establishment of the East African Community do not confine the Court's mandate to mere Treaty interpretation and declaratory orders but confer on the Court, as an international judicial body, the authority to grant appropriate remedies including reinstatement and damages to ensure adherence to law and compliance with the Treaty.
International Organizations — Responsibility of International Organizations — Attribution of Wrongful Acts
Where an organ of an international organization acts in contravention of the treaty establishing that organization, the wrongful act is attributable to the organization itself under international law, and the organization bears international responsibility for the breach regardless of the functional independence of the offending organ.
Separation of Powers — Judicial Review — Checks and Balances
The doctrine of separation of powers does not shield any organ or institution of the State or an international organization from judicial scrutiny where that organ or institution acts in contravention of the law. The principle of checks and balances permits courts to bring organs acting outside the law back into compliance, and an international organization cannot invoke separation of powers to bar a court from ordering appropriate remedies for treaty violations.
International Law — Compensation for Treaty Violations — Legal Basis
The remedy of compensation (damages in internal law) is firmly established in international law and is available for an international organization's breach of its treaty obligations where a claimant establishes that the act, regulation, directive, decision or action of the organization complained of has caused the claimant a financially assessable loss.
Assessment of Damages — Unlawful Removal from Office — Distinction from Employment
There is no difference in principle between the unlawful dismissal of an employee and the unlawful removal from office of an elected official. Both are legal wrongs remediable by compensation for consequential loss. Where an elected official is unlawfully removed from office in breach of treaty provisions, compensation is payable for financially assessable loss including loss of salary and allowances.
Interest on Damages — Rate and Commencement Date
An international court has jurisdiction and discretion to award interest on compensation. Where a claim is for a liquidated amount such as loss of earnings, interest runs from the date of filing suit. Where damages must be assessed by the court, interest runs from the date of judgment. In non-commercial causes involving payment in foreign currency, a rate of six percent per annum is appropriate.
Costs — Discretion of Court — Successful Party — Conduct of Parties
Costs are in the discretion of the court, but the general rule is that costs follow the event and a successful party should ordinarily be awarded costs. A successful party may only exceptionally be deprived of costs depending on particular circumstances such as the conduct of the parties, the nature of the litigants, or the nature of the proceedings. Conduct that may disentitle a party to costs must be conduct that led to the litigation or conduct during the trial, not conduct that is irrelevant to the cause of action.

Legislation cited (3)

  • Treaty for the Establishment of the East African Community Articles 4, 6(d), 7, 8, 9(4), 23, 27, 30, 33, 37, 38, 39, 44, 53, 56, 71, 73
  • East African Court of Justice Rules Rules 1(2), 17, 21, 24, 53(1)(a), 84, 85, 111
  • East African Legislative Assembly Rules of Procedure Rule 9(6)

Cases cited (18)

  • Benjamin Leornard Malfoy v United African Company Ltd [1962] AC 152
  • Federal Civil Service Commission v Laoye [1990] LRC 451
  • Hon. Michiel Dapianlong & 5 Others v Chief (Dr.) Joshua Chibi Dariye & Another (SC 39 of 2007)
  • Twinobusingye Severino v Attorney-General (Constitutional Petition No. 47 of 2011)
  • Hon. Martin Nyaga Wambora v the Speaker of the County Assembly of Embu (Petition No. 2 of 2014)
  • Hugh Glenister v President of South Africa and 12 Others (CCT 41/08)
  • Hon. Miria Matembe & Others v Attorney General of Uganda (Constitutional Petition No. 02/2005)
  • Andrea Francovich and Danila Bonifaci v Italy (1991) ECR I-5357
  • Reparation for injuries suffered in the service of the United Nations, Advisory Opinion, ICJ Reports 1949, p.174
  • The Secretary General of EAC v Rt. Hon. Margaret Zziwa (Appeal No. 7 of 2015)
  • General Parts (U) Ltd and Haruna Semakula v The Non Performing Assets Recovery Trust (Civil Appeal No. 9 of 2005)
  • Chandaria v Ghadially [1962] EA 501
  • Owayo v Aduda [2007] 2 KLR 140
  • Alcon International Ltd v Standard Chartered Bank of Uganda & 2 Others (EACJ Appeal No. 3 of 2013)
  • Angella Amudo v The Secretary General of the East African Community (Taxation Reference No. 3 of 2016)
  • Clive Ferrera and Others v Powell Oliver M Levin & Others (Constitutional Court Case No. CCT 5/45)
  • Karanja v Kabugi & Another [1976-1985] EA 165
  • Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd (No. 2) [1970] EA 469

Full judgment

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

Zziwa v Secretary General of the East African Community (Appeal 2 of 2017) [2017] EACJ 69 (3 February 2017)
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.