Nsekela urges use of EACJ facilities

**Role is to ensure compliance of administrative acts with EAC statutes

Judge President of the East African Court of Justice (EACJ) Harold Nsekela has said procedures to draft rules that will guide the court are underway, promising to start putting them to use soon.

This will facilitate most commercial arbitration matters be handled within the EAC region, instead of relying on external tribunals.

According to a recent newsletter prepared by EACJ, Judge Nsekela said the court was a critical institution whose arbitration function would help cement a culture of business harmony in the region.

He implored the public in the region to have confidence in the institution as everything was well for the EACJ to have adequate powers to settle community disputes.

The judge president said the court must have an international jurisdiction to handle regional disputes, in which case support is needed to strengthen the regional court as more countries apply to join the East African Community.

The protocol on peace and security will soon be ratified as the community focuses on plans to become a political federation, he said.

The court is seeking authorities to restructure the modalities of its operations in line with the ‘work on demand’ or ad hoc nature of its services and limited jurisdiction. These are the main challenges limiting its role in creating uniform jurisprudence in the EAC context, he elaborated.

The regional court has opened sub registries in each of the partner states and they are already operating, meant to bring the services of the EACJ nearer to eligible applicants for it services all over East Africa. Legal matters requiring the court’s attention will not have to be taken to the court head offices in Arusha, he stated.

The EACJ sub-registries court clerks underwent induction in Arusha to enable them to run the sub-registries. 

The Registrar of EACJ Dr. John Eudes emphasized that cooperation between the sub-registries and national courts and other stakeholders was vital within each state. The sub-registrars were encouraged them to be hard working to enable the court to efficiently execute its mandate.

The induction was conducted by court experts in collaboration with the EACJ Secretariat, the directorate of human resources and administration. It covered areas of EACJ strategic plan for 2010-2015, staff rules and regulations, conditions of employment, organizational structure of the court and relationship with national courts.

Other item covered include the EACJ budget, procurement and accounting procedures, training in managing the sub registries and guided tour of the EACJ future premises.

The main purpose of the induction was to sufficiently prepare sub-registries court clerks to render services in the newly inaugurated wings of the regional courts.

With the opening of the sub-registries, litigants will no longer be required to travel to Arusha to file their claims. Instead, claims will be filed at an EACJ sub-registry, which will handle the necessary transmission and communication details.

The opening of the Dar es Salaam EACJ sub-registry follows a decision of the council of ministers that the court opens sub-registries in all partner states.

The sub-registry is equipped to start operations with a full-time court clerk. It is detailed to work closely the Ministry of East African Cooperation to raise public awareness on its functions. The EACJ sub-registry in Tanzania will be based at the Court of Appeal premises in the city.

The court president urged stakeholders among the Tanzanian legal fraternity like the bar association, the business community, academic institutions and other bodies to direct relevant arbitration matters to the EACJ sub-registry.

Court officials say people’s attitudes towards the sub-registry in the partner states are positive, as in a sense it is like bringing justice closer to the people in certain regards.

Facilitating lawyers to file simple documents to Arusha was expensive for a section of users of court services, especially for requirements of air travel and hotel accommodation as the issue is pursued, an Ugandan EACJ sub-registry court clerk noted.

Simon Tweny is the sub registry court clerk situated at the Supreme Court of Uganda premises at Upper Kololo in Kampala.

Others are Mennas Mafwere of the Tanzania Court of Appeal, Germain Rusindiza of the High Court of Rwanda in Kigali, Marthlida Achieng Ochiang of Milimani Law Court in Nairobi, and Jean Berchmans Nzokirishaka of the Burundi Supreme Court in Bujumbura.

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 adherence to law in the interpretation and application of and compliance with the EAC Treaty.

“Any person who is resident in an EAC Partner State may refer for determination by the East African Court of Justice, the legality of any Act, directive, decision or action of a Partner State or an Institution of the Community on the grounds that such Act, regulation, directive or action is unlawful or is an infringement of the Treaty. Proceedings are instituted within two months of the act complained of or of the day in which it came to his/her knowledge,” says a portion of the statutes of the EACJ.

SOURCE: THE GUARDIAN (15/09/2012): http://www.ippmedia.com/frontend/index.php?l=45832