East African Court of Justice Arusha, 20 June 2014: The first Instance Division today as it concluded the session which begun in May 2014, court declared that the initial proposed action by the United Republic of Tanzania to construct a high way road across Serengeti National Park is unlawful and an infringement of Articles 5(3)(c), and others of the Treaty for the Establishment of the East African Community. The Articles provide on the promotion of sustainable utilization of the natural resources of the Partner States and the taking of measures that would effectively protect the natural environment of the Partner States; Action by the Community relating to the environment objectives and Management of Natural Resources. The Court also granted a permanent injunction restraining Tanzania from operationalizing the action of constructing or maintaining a road across the Serengeti National Park subject to its right to undertake such other programs in future which would not have negative impacts to the environment and ecosystem in the National Park. The Court in its judgment said that the matter raises issues that are today the subject of wide debate across the World, including; environmental protection, sustainable development, environmental rule of Law and the role of the State in Policy formulation in matters relating to the environment and natural resources. In addition added that the role of the Court in balancing its interpretation jurisdiction against the needs of ensuring that Partner States are not unduly hindered in their developmental programs. That all these issues must however be looked at from the Common thread running through the matter the need to protect the Serengeti ecosystem for the sake of future generations and whether the road project has potential for causing irreparable damages to the environment. Furthermore the Court in its findings held that according to the orders sought by the Applicants, it is proper that to ensure that Tanzania as a Partner State stays within its obligations under the Treaty. The Court therefore ordered each party to his or her own costs because the litigation was in the wider public interest. This is a case filed by a Kenyan None Governmental Organization the Africa Network for Animal Welfare (ANAW) contesting United Republic of Tanzania’s intention to build a “super highway” crossing the Serengeti National Park, with the Kenyan organization arguing, it would be hazardous to animals. Representative of ANAW, Mr. Wachi Benson, and His Lawyer Mr. Mr. Saitabao Kanchory Mbalelo appeared in Court to receive the Judgment. At the same time the First Instance Division granted an application for the withdrawal and discontinuance of the consolidated matters filed Hon. Hon. Margareth Nantongo Zziwa, Speaker of the East African Legislative Assembly (EALA) and Mbidde Foundation Limited versus the Secretary General of the East African Community and the Attorney General of the Republic of Uganda (Respondents) challenging the removal of the Speaker from the seat of the Speakership for East African Legislative Assembly. As the Court expected to proceed with scheduling conference on the matters the two Applicants Hon. Zziwa and Hon. Fred Mukasa Mbidde applied asking Court for the withdrawal and discontinuance of the cases on the grounds that the matter has been overtaken by events. The Secretary General and Attorney General of the Republic of Uganda represented Hon. Wilbert Kaahwa and Ms. Christine Kaahwa respectively did not oppose the Application for withdrawal arguing that following the ruling in the previous consolidated applications any further pursuit of this litigation was inconsequential. The Court also ordered each party in both matters to bear its costs. The Court on 29th May declined to grant an injunction in the consolidated applications by Hon. Zziwa and Fred Mbidde to the effect that the matters did not disclose a prima facie case with a likelihood of success (the Applicants’ pleadings that the Assembly has no rules of procedure, that the Respondents did not seek an advisory opinion of the Court on the Assembly’s handling of the Motion and that there is a likelihood of bias all lacking merit or being speculative). The Applicants also have withdrawn the appeal they had filed in the Appellate Division challenging the ruling on the consolidated applications. On Thursday 5th June Rt. Hon Margaret Nantongo Zziwa ruled against her censure Motion terming it to have fallen short of the requirements and thus collapsed. Rt. Hon Zziwa pegged her ruling on Rule 82(2) of Rules of Procedure that grants the Speaker of the Assembly, the final powers on the interpretation and the application of the same.She remarked that three Members from the United Republic of Tanzania, namely, Hon ShyRose Bhanji, Hon Adam Kimbisa and Hon Maryam Ussi had withdrawn their signatures, originally appended to support the Motion and said it was thus improper to hold on to the signatures against their intention to withdraw from the pursuit. Rt. Hon Zziwa further stated that under Rule 9, the removal of the Speaker needed to be followed by the strict observance of the rights protected under Article 6(d) of the Treaty governing the establishment of the EAC. Other lawyers present in Court were Dr Charles Kallu-Kalumiya, Justin Semuyaba and John Jet Tumwebaze for the Applicants and Stephen Agaba, Jimmy Oburu Odoy, and Geoffrey Wangolo Madete for the Respondents. Article 5(3)(c) provides that; the promotion of sustainable utilisation of the natural resources of the Partner States and the taking of measures that would effectively protect the natural environment of the Partner States
About the EACJ
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The High Courts of the Partner States serve as sub-registries.
For more information please contact:
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East African Court of JusticeArusha, Tanzaniahttp://www.eacj.org