EAC Court Judges Asked To Assert Themselves

The Judges of the East Africa Court of Justice have been asked to assert themselves if they are to develop jurisprudence for the benefit of citizen in the community. 

The call was sounded by Prof. John Eudes Ruhangisa at the 3rd Annual East African Court Justice Judicial Conference currently taking place in Rwandan Capital a Kigali.

“You are there to develop jurisprudence. The future of East Africans is looking at you. Whether to proceed or not to proceed but making sure that you proceed under the confines of the Treaty” said Professor Ruhangiasa, a retired Tanzanian judge, who also served as the first Registrar  of the East African Court of Justice that is headquartered in Arusha Tanzania. 

He was delivering a keynote address to the conference that is being attended by the Chief Justice from East Africa, judges and legal experts from the regional bloc.

The Conference is under the theme” Justice, Ethics and Enforcement of Decisions: A Judicial Pathway for Regional Integration. The judges are expected to deliberate on Alternative Dispute Resolution as a form of delivering justice to the citizens in East Africa. 

The Chief Justice of Uganda is being represented by the Deputy Chief Justice designate, Dr. Flavian Zeija, who is also the Principal Judge. 

Also in attendance is the Attorney General, Kiryowa Kiwanuka and the First Deputy Prime Minister and Minister for East African Community Affairs, Rebecca Kadaga. Suring the conference, the attorney General of Uganda, Kiryowa Kiwanuka wondered whether the East African Court Justice should be adjudicating over some issues beyond the current stage of East African Community integration.

Kiryowa Kiwanuka’s remarks followed submissions by Professor Ruhangiasa citing some of the cases the East African Court of Justice has determined based on jurisprudence from the European Union He said far as he understands, the East African Community is at the custom union stage, while the European Union is at economic integration stage.  

“The rules that play in those spaces are different. Yes the court has a role to play. And it must play that role. However the court needs to be careful not to go past the stage we are” he said. 

Similar concerns were raised by the Secretary General of the East African Community, Veronica Mueni Nduva saying there have been silent conversations about the autonomy of the East African Community Court of Justice. 

She noted that while the cases determined at the European Union Court were a good source of comparison, it is at a different stage of integration.

However, Professor Ruhangiasa agrees that while the EAC has not moved systematically in term of integration and is at a different stage of integration, the East Court of Justice have a duty to develop jurisprudence. 

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“All these stages of integration or entries of move in tandem they move together. That is why much as we have not politically integrated, we still sing the east African anthem. Is this a sovereign state? It is not” he asked. 

The East African Court of Justice (EACJ) is a treaty-based judicial body of the East African Community tasked to ensure adherence to law in the interpretation and application of and compliance with the East African Community Treaty of 1999. 

The court has been handling mainly the common market rights including free movement of labor. 

The court has gone very far to hold that a national court must follow due process as part of the core values of the East African Community.  Some experts says the court has been very generous in handling some of the controversial issues handled under the local courts in line with article 6(D) of EAC treaty.

Prof. John Eudes Ruhangisa explained that when one looks at the mode of integration that the East African Community has adopted, it is very inclusive. “You cannot wait. That is why we even have the East African passport when we are not fully integrated. So even court should not be held by these stages”

He argues that while those stages are there, their implementation cannot systematically follow each other. “Like today, we signed the common market. And there is a case about the Common market.  If anybody has a case about the East African Common market. If anybody has a case about the East African anthem, should bring it. They should not wait until we get politically federated” he said

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He urged the East African Court of Justice not get self-constrained but rather be futuristic. 

“Like the first case that the court faced. It came out with an innovation of prospective annulment. To say it doesn’t matter. Much as an objectionable action of a community institution has been implemented, we are no shying to declare it with retrospect” he said.

Prof. John Eudes Ruhangisa has previously advised the Council of Ministers of the East African Community that the states need to determine which type of integration is being pursued. 

“We need to know where we belong. Which type of integration are we pursuing? Is it intergovernmental? The likes of SADC? Should EAC equate itself to IGAD? But the treaty doesn’t allow that. The treaty makes the Court supranational” he said.     

Meanwhile, the Chairperson EAC Council of Ministers, Beatrice Askul underscored, the enormity of the responsibilities placed on the East African Court of Justice cannot be over-emphasized.   She said noted that the court was facing challenges related to constrains, lack of enforcement mechanisms,   “Your judgements not only develop jurisprudence within our region but also reflect the values and aspirations that the EAC stands for – justice, fairness, and equality," Said Askul

Who is Prof. John Eudes Ruhangisa?

Prof. John Eudes Ruhangisa recognized for having played a significant role in advancing the East African Community (EAC) integration through his leadership in regional judicial processes. 

As a former Registrar of the East African Court of Justice (EACJ), he was instrumental in developing the court’s capacity to address legal disputes related to EAC integration. 

Prof. Ruhangisa championed legal frameworks and mechanisms for resolving conflicts among Partner States and their Institutions, fostering adherence to the Treaty for the Establishment of the EAC.

Under his tenure, the EACJ adopted innovative practices such as court-annexed mediation, making the judicial process more accessible and efficient. Prof. Ruhangisa contributed extensively to the legal scholarship on EAC integration. 

His work emphasized the interplay between judicial processes and policy-making to advance regional cooperation, particularly in the economic and legislative domains. Prof. Ruhangisa's legacy in the EACJ continues to underscore the importance of judicial institutions in achieving sustainable regional integration.