East Africa court of justice rules on DP case today

By online reporter

THE East African Court of Justice today delivers its ruling in a petition filed by the Democratic Party (DP), opposing the procedure used during the election of representatives to the East African Legislative Assembly.

In the petition, DP protested the procedure which gave the ruling party – NRM, majority slots arguing that it was discriminatory against small political parties which denied them representation in the regional parliament.

Party legal advisor Mukasa Mbidde said the current system is unfair, and does not promote democracy.

Appearing before the Court, Counsel for the applicant Justin Semuyaba sought an injunction on the election of Ugandan members to the assembly, submitting that the rules and procedures of the Parliament of the Republic of Uganda 2006, on election of members to the EALA do not conform with Article 50 of the treaty of establishment of the East African Community.

The Democratic Party argues that if the rule on a party’s numerical strength in Parliament remains unchanged it will not have a chance of sending a representative to the EALA in the upcoming elections for EALA Members.

In an application that pits the Democratic Party and Fred Mukasa Mbidde against the Secretary General of the East African Community (EAC) as the 1st respondent and the Attorney General of the Republic of Uganda as the 2nd respondent, the applicant sought Interim orders restraining and prohibiting the EALA and the Attorney General of Uganda and the Parliament of Uganda from conducting and carrying out any elections. 

DP’s attorney further sought court to block the assembling, convening, recognising, administering oath of office or presiding over or participating in the elections of the representatives of Uganda and recognizing of any names of nominees as duly elected to the EALA until the rules of procedure of the Parliament of Uganda 2006 are amended.

EAC’s counsel to the community Wilbert Kaahwa representing the Secretary General however opposed the application for an injunction and submitted that the orders sought cannot be granted as it is premature and that the process of elections has not started.

 He also submitted that the term of the current EALA ends in June 2012 and that there is time to amend the rules in Uganda.

Attorneys Phillip Mwaka and Christine Kaahwa representing the Attorney General of Uganda also opposed the application, submitting that proposals have been made to the Parliament of Uganda on the amendments of the rules and Laws to govern the EALA elections and that no evidence had been adduced by the applicant to prove that the election process is ongoing while no amendments to the Rules had been made. They asked the court to dismiss the application with costs.