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Regional court verdict on Age limit for September 30

By Farooq Kasule

Added 11th August 2020 05:31 PM

Regional court verdict on Age limit for September 30

The East African Court of Justice (EACJ) has set September 30 to deliver its verdict in the Age limit appeal lodged by city lawyer Hassan Male Mabirizi at the Arusha-Tanzania based court in May this year.

The judgment will be delivered via video conference as a precautionary measure against COVID-19 pandemic, according to the judgment notice issued by the court's registrar Yufnalis Okubo dated August 5, 2020.

"Take notice that the above reference is fixed for the delivery of judgment via video conference on September 30 from 9:30 am. You are hereby required to appear in this court via video conference and abide by the guidelines for video conferencing proceedings," the notice reads in part.

The judges include Ugandan judge Monica Mugenyi, a justice of the Court of Appeal. Mugenyi is the principal judge at the regional court first instance division.  Others are Dr Charles Nyawello, Audance Ngiye, and Charles Nyachae.  

On May 3 this year, Mabirizi filed a reference at the court seeking to have the enactment nullified. 

He insists that the process of passing and assenting to the Act did not comply with Articles 6 and 7 of the Treaty for Establishment of the East African Community.

This followed a Supreme Court verdict in which majority justices (4:3) okayed the Act, arguing that the several breaches which occurred during the tabling, debating and passing of it had no substantive effect on the process of the entire enactment of the Act. 

Mabirizi claims that the government amended the presidential Age limit clauses (102b) in the Constitution by use of violence and deployment of military police in and outside Parliament, which he says is unconstitutional and contrary to the provisions of the treaty. 

Article 102 (b) of the constitution prevented anyone above 75 years from standing for president.

On the other hand, Attorney General William Byaruhanga wants the case dismissed. 

Byaruhanga argues that issues raised by Mabirizi were resolved by competent courts in Uganda and there is no need for a retrial.

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