Wakilii

Zziwa v Secretary General of The East African Community (Reference 17 of 2014)

East African Court of Justice · [2015] EACJ 102 · 2015 Preliminary Objection Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Preliminary objection raised during hearing of Reference under Article 30 of the Treaty for the Establishment of the East African Community
Decision
Preliminary objection dismissed; matter to proceed to hearing of oral evidence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that it would be premature to prevent the Applicant from testifying without first hearing her evidence to determine whether it falls within the scope of section 20 of the East Africa Legislative Assembly (Powers and Privileges) Act 2003. The Court ruled that documentation produced by the Clerk to the Assembly pursuant to valid witness summons is properly on record and the Clerk is under legal obligation to appear as a witness without need for special leave of the Assembly. Court process deriving legitimacy from the Treaty cannot be ousted by an Act of the Assembly. The preliminary objection was overruled with costs to the Applicant.

Outcome

Preliminary objection dismissed; matter to proceed to hearing of oral evidence

Facts

The Applicant, a member of the East Africa Legislative Assembly (EALA), filed a Reference under Article 30 of the Treaty. During the scheduled hearing of oral evidence, the Respondent raised a preliminary objection based on section 20 of the East Africa Legislative Assembly (Powers and Privileges) Act 2003, contending that the Applicant and her witnesses, being members or officers of EALA, had not secured special leave from the Assembly to adduce evidence before the Court. The Court had previously issued witness summons to the Clerk of the Assembly to produce certain documents and give evidence. The Clerk produced the requested documentation which was admitted on the Court record. The Respondent argued that section 20 prohibited members and officers of the Assembly from giving evidence elsewhere regarding Assembly proceedings without special leave. The Applicant contended that the Treaty took precedence and that Article 30 granted her standing to adduce evidence in support of her case.

Issues

  1. Whether members and officers of the East Africa Legislative Assembly must secure special leave from the Assembly before adducing evidence in court regarding Assembly proceedings under section 20 of the East Africa Legislative Assembly (Powers and Privileges) Act 2003.
  2. Whether the Court can determine in advance of hearing oral evidence that such evidence falls within the ambit of section 20 of the Act.
  3. Whether documentation produced by the Clerk to the Assembly pursuant to witness summons issued by the Court requires special leave of the Assembly under section 20 of the Act.
  4. Whether court process such as witness summons can be ousted by the provisions of section 20 of the East Africa Legislative Assembly (Powers and Privileges) Act 2003.

Orders

  • Preliminary objection overruled.
  • Costs awarded to the Applicant.

Rules and key headnotes

Evidence — Parliamentary Privilege — Scope of Restriction on Evidence of Assembly Proceedings
Section 20(1) of the East Africa Legislative Assembly (Powers and Privileges) Act 2003 prohibits the tendering of the contents of minutes, evidence, documentation, proceedings or examination laid before or arising in the Assembly without special leave, but does not prevent members from testifying on matters outside these parameters or making reference to such documents without adducing their specific contents.
Evidence — Oral Evidence — Premature Exclusion of Evidence
It is premature to prevent a witness from testifying on the ground that their evidence may contravene section 20 of the East Africa Legislative Assembly (Powers and Privileges) Act 2003 before the Court has heard the evidence and determined whether it actually falls within the ambit of the statutory restriction.
Civil Procedure — Witness Summons — Primacy of Court Process
Witness summons issued by the Court pursuant to its Rules of Procedure, which derive legitimacy directly from the Treaty, cannot be ousted by an Act of the Assembly. A person summoned to produce documents and give evidence pursuant to a valid Court Order is under legal obligation to comply without need for special leave of the Assembly.
Constitutional Law — Rule of Law — Respect for Court Process
Respect for due court process is an important tenet of the rule of law and good governance principles enshrined in Articles 6(d) and 7(2) of the Treaty. It is a non-negotiable tenet of the rule of law that all court orders must be respected and obeyed unless and until successfully challenged by related court action.
Administrative Law — Separation of Powers — Interrelation of Community Organs
The proper and effective functioning of any State committed to the rule of law depends on its branches understanding and being respectful of each other's respective roles and functions. The equal and unequivocal recognition of the function of each organ of the Community informs the interrelation between the different branches of governance in the Community.

Legislation cited (15)

  • East Africa Legislative Assembly (Powers and Privileges) Act 2003 s.20
  • East Africa Legislative Assembly (Powers and Privileges) Act 2003 s.32
  • East Africa Legislative Assembly (Powers and Privileges) Act 2003 s.36
  • East Africa Legislative Assembly (Powers and Privileges) Act 2003 s.2
  • Treaty for the Establishment of the East African Community Article 61(2)
  • Treaty for the Establishment of the East African Community Article 30
  • 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 23(1)
  • Treaty for the Establishment of the East African Community Article 42(1)
  • East African Court of Justice Rules of Procedure Rule 41(2)
  • East African Court of Justice Rules of Procedure Rule 65(1)
  • East African Court of Justice Rules of Procedure Rule 56(1)
  • East African Court of Justice Rules of Procedure Rule 56(4)
  • East African Court of Justice Rules of Procedure Rule 56(2)

Cases cited (4)

  • Hon. Zachary Olum & Another v The Attorney General of Uganda (Constitutional Petition No. 6 of 1999)
  • Calist Mwatela & 2 Others v The Secretary General of the EAC (Reference No. 1 of 2005)
  • James Katabazi & 21 Others v Secretary General of the EAC & Another (Reference No. 1 of 2007)
  • Simon Peter Ochieng & Another v Attorney General of Uganda (Reference No. 11 of 2013)

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 (Reference 17 of 2014) [2015] EACJ 102 (6 November 2015)
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.