Ngongo
Platinum Member
- Sep 20, 2008
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The East African Community (EAC) will revive stalled talks on the expulsion of Rwanda refugees from Kagera region in Tanzania at the height of soured relations between the two neighbouring countries in 2013.
The EAC Council of Ministers, which is the policy organ of the Community, will deliberate on the matter later this month ahead of the Ordinary Heads of State Summit which is likely to take place in Arusha on November 30th.
According to the Counsel to the Community Dr. Anthony Kafumbe, the EAC Secretary General had started efforts to diffuse the crisis in August 2013 and in January this year by convening bilateral meetings for the two partner states. Apparently no progress was made.
Dr. Kafumbe revealed this last week during the hearing of a case filed by the East African Law Society (EALS) against the Community SG for the alleged failure to take action in implementation of the EAC Council of Ministers' directive to the two countries to resolve the issue of expelled Rwandan citizens.
The Applicant was represented by Prof. Fredrick Sempembwa who submitted that the failure by the SG to comply with the Council?s decision was a breach of the Treaty for the Establishment of the EAC.
He further added that since the directive of the Council, the Community boss has apparently done nothing to implement the decision which is a fundamental issue of the Treaty particularly Article 71 which provides the functions of the Secretariat.
Prof. Sempebwa further contended that the expelled Rwandese were and still are bonafide citizens of an EAC member state "and therefore infringes the Treaty because they are entitled to the right of residence and the right of establishment as well as other rights within the Treaty and the Common Market Protocol of the Community".
He said that it was the duty of the Secretary General to carryout investigations and find out the truth of breach of the Treaty. He also sought remedies if the Court rules in favor of the Applicant.
Dr.Kafumbe representing the Respondent submitted that, the matter is time barred because it occurred in August 2013, up to the time the case was filed to Court on 8th September 2015 which, according to him, was beyond the two months time limit to file the case and it should have been filed within the provisions of Article 30 (2) of the Treaty.
He further stated that if the EAC boss had failed to take action as alleged still the matter could have been filed to court within the time limit.
He also urged that the decision being contested about is a decision directed to the Partner States that is Tanzania and Rwanda but not directed to the SG of the Community.
He again added that in Article 16 of the Treaty, Partner States have an obligation to implement directives of the Council, that so it does not require the SG once the directive is issued.
The matter came before a bench of the Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr. Faustin Ntezilyayo, Justice Fakihi A . Jundu and Justice Audace Ngiye in open Court.
The Court will deliver its judgment on notice.
Source: Arusha Times.
The EAC Council of Ministers, which is the policy organ of the Community, will deliberate on the matter later this month ahead of the Ordinary Heads of State Summit which is likely to take place in Arusha on November 30th.
According to the Counsel to the Community Dr. Anthony Kafumbe, the EAC Secretary General had started efforts to diffuse the crisis in August 2013 and in January this year by convening bilateral meetings for the two partner states. Apparently no progress was made.
Dr. Kafumbe revealed this last week during the hearing of a case filed by the East African Law Society (EALS) against the Community SG for the alleged failure to take action in implementation of the EAC Council of Ministers' directive to the two countries to resolve the issue of expelled Rwandan citizens.
The Applicant was represented by Prof. Fredrick Sempembwa who submitted that the failure by the SG to comply with the Council?s decision was a breach of the Treaty for the Establishment of the EAC.
He further added that since the directive of the Council, the Community boss has apparently done nothing to implement the decision which is a fundamental issue of the Treaty particularly Article 71 which provides the functions of the Secretariat.
Prof. Sempebwa further contended that the expelled Rwandese were and still are bonafide citizens of an EAC member state "and therefore infringes the Treaty because they are entitled to the right of residence and the right of establishment as well as other rights within the Treaty and the Common Market Protocol of the Community".
He said that it was the duty of the Secretary General to carryout investigations and find out the truth of breach of the Treaty. He also sought remedies if the Court rules in favor of the Applicant.
Dr.Kafumbe representing the Respondent submitted that, the matter is time barred because it occurred in August 2013, up to the time the case was filed to Court on 8th September 2015 which, according to him, was beyond the two months time limit to file the case and it should have been filed within the provisions of Article 30 (2) of the Treaty.
He further stated that if the EAC boss had failed to take action as alleged still the matter could have been filed to court within the time limit.
He also urged that the decision being contested about is a decision directed to the Partner States that is Tanzania and Rwanda but not directed to the SG of the Community.
He again added that in Article 16 of the Treaty, Partner States have an obligation to implement directives of the Council, that so it does not require the SG once the directive is issued.
The matter came before a bench of the Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Justice Dr. Faustin Ntezilyayo, Justice Fakihi A . Jundu and Justice Audace Ngiye in open Court.
The Court will deliver its judgment on notice.
Source: Arusha Times.