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Title
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Date
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Court reopened pleadings and granted the State a 30-day extension to file its Response pursuant to its discretionary powers.
Procedure – Reopening pleadings – Rule 46(3) Rules of Court; Extension of time – discretion to grant – Rule 90 and inherent powers; Administration of justice; Effect of withdrawal of Article 34(6) Declaration on pending cases.
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 African Regional Bodies
· African Union (AU)
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Judgment |
29 November 2024 |
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African Regional Bodies
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Judgment |
23 May 2024 |
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Case summary |
19 December 2022 |
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Human rights and fundamental freedoms - right to privacy, freedom from torture, cruel, inhuman and degrading treatment or punishment Human rights and fundamental freedoms - the right of prisoners to humane living conditions and dignified treatment - the right to consent and privacy in HIV and AIDS testing
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Judgment |
19 December 2022 |
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Case summary |
21 October 2022 |
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Criminal law – statutory rape - HIV transmission to a victim below the age of consent
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Judgment |
21 October 2022 |
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Case summary |
30 August 2021 |
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Tort – defamation – defamation based on HIV status
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Judgment |
30 August 2021 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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Judgment |
18 October 2018 |
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The Commission struck out the communication due to the complainant's failure to prosecute the case diligently within time limits.
African Charter on Human and Peoples' Rights – communication procedure – admissibility – striking out for want of diligent prosecution – failure to submit required submissions within prescribed time despite extensions.
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African Regional Bodies
· African Union (AU)
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Judgment |
18 October 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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African Regional Bodies
· African Union (AU)
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Judgment |
18 October 2018 |
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A communication was struck out due to the complainant's failure to prosecute and comply with procedural requirements on admissibility.
African Charter – procedure – admissibility – failure to prosecute complaint – communication struck out for lack of diligent prosecution.
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African Regional Bodies
· African Union (AU)
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Judgment |
18 October 2018 |
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A complaint was declared inadmissible for failing to exhaust local remedies and for use of disparaging language against the judiciary.
African Charter – Admissibility – exhaustion of local remedies – disparaging language – requirements under Article 56 – inadmissibility of communication for non-compliance with admissibility criteria.
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African Regional Bodies
· African Union (AU)
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Judgment |
18 October 2018 |
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A complaint alleging gross human rights violations was struck out due to the complainant's failure to prosecute the case diligently.
African Commission – Communication procedure – Diligent prosecution – Admissibility – Failure to submit on admissibility – Striking out of communication
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African Regional Bodies
· African Union (AU)
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Judgment |
18 October 2018 |
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Refusal to grant amnesty to a former combatant, when others similarly situated were granted amnesty, violated equal protection rights under the Charter.
Human rights – amnesty for former combatants – right to equal protection of the law – fair trial – prohibition of discrimination in application of amnesty law – prolonged detention and judicial delay – obligation of reasoned judicial decisions – concurrent application of international humanitarian law and the African Charter.
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African Regional Bodies
· African Union (AU)
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Judgment |
17 October 2018 |
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Communication struck out for want of prosecution due to complainant’s failure to make required admissibility submissions.
Human rights – procedure – communications before the African Commission – admissibility – failure to make submissions or respond to correspondence – communication struck out for lack of diligent prosecution.
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African Regional Bodies
· African Union (AU)
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Judgment |
17 October 2018 |
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A ministerial ban on a newspaper's publication was found to contravene regional treaty commitments on press freedom and human rights.
Freedom of expression – Press freedom – Treaty obligations – Treaty for the Establishment of the East African Community – Articles 6(d), 7(2), 8(1)(c) – Ministerial orders banning publication – Proportionality and reasonableness – Violation of right to freedom of expression – Right to fair process – Justiciability of regional treaty principles.
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African Regional Bodies
· African Union (AU)
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Judgment |
21 June 2018 |
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African Regional Bodies
· African Union (AU)
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Judgment |
24 May 2018 |
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State refusal to recognize the Baha’i faith in official documents and marriages breaches Charter rights to non-discrimination and religious freedom.
Human rights law – freedom of religion – discrimination – non-recognition of Baha’i faith in official documents – denial of documentation – reservation to Article 8 of the African Charter – equal protection – state obligation to provide neutral law for marriage recognition – compensation for past violations.
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African Regional Bodies
· African Union (AU)
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Judgment |
28 April 2018 |
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The Commission found Uganda violated the rights to liberty, fair trial, and judicial independence by arbitrarily detaining civilians and subjecting them to military courts.
Human rights – right to liberty – right to fair trial – independence of the judiciary – arbitrary detention – trial of civilians before military courts – state compliance with judicial orders – access to legal counsel.
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African Regional Bodies
· African Union (AU)
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Judgment |
28 April 2018 |
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A complaint against Eritrea was dismissed on grounds of res judicata, as the matter was previously determined by the Commission.
Human rights – African Charter – admissibility – res judicata – bias – confidentiality – politicization – incommunicado detention – press freedom – enforcement of previous decisions.
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African Regional Bodies
· African Union (AU)
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Judgment |
27 April 2018 |
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A court clarified the procedural requirements for intervention by an EALA member in judicial proceedings challenging the election of the Assembly's Speaker.
Regional integration law – East African Legislative Assembly – intervention by member in judicial reference – procedural requirements – statement of interest – admissibility of affidavits – legal standing of individual EALA members to intervene in pending proceedings.
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African Regional Bodies
· African Union (AU)
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Judgment |
24 April 2018 |
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A claim of Ugandan state violence during protests was dismissed for lack of reliable, specific evidence and inadmissible video proof.
East African Community Law – Standing to sue under Article 30(1) – Admissibility of electronic evidence – Right of assembly and protest – Standard of proof in human rights claims – Obligations of Secretary General under Articles 29 and 71 of EAC Treaty – Justiciability of Treaty provisions on rule of law and human rights.
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African Regional Bodies
· African Union (AU)
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Judgment |
28 March 2018 |
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The Commission struck out the communication due to the complainants' failure to submit admissibility arguments as required by its rules.
African Charter – communications procedure – admissibility – failure to submit arguments – strike out for lack of diligent prosecution – procedural compliance
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African Regional Bodies
· African Union (AU)
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Judgment |
6 March 2018 |
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The court clarified standards for admitting amici curiae, stressing neutrality and allowing expunging of minor affidavit defects.
Civil procedure – amicus curiae – requirements for admission – defective affidavit – expunging inconsequential paragraphs – neutrality and impartiality of amici – freedom of expression – criminal defamation – public interest litigation.
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African Regional Bodies
· African Union (AU)
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Judgment |
20 September 2017 |
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A claim by a project-appointed staff member was time-barred and incompetent, as her employment was not governed by Staff Rules.
East African Community law – Jurisdiction – Time limitation under Article 30 of the Treaty – Employment disputes – Status of project-based contract employees – Distinction between staff governed by Staff Rules and project appointments – Procedural irregularity and jurisdictional nullity.
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African Regional Bodies
· African Union (AU)
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Judgment |
30 July 2015 |
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Certain provisions of Burundi’s Press Law were declared incompatible with EAC Treaty principles on press freedom and human rights.
East African Community – Treaty compliance – Burundian Press Law – freedom of expression – freedom of the press – justiciability of Treaty provisions – national law versus regional obligations – good governance – human rights – requirement for journalists to disclose sources – proportionality and reasonableness of restrictions.
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African Regional Bodies
· African Union (AU)
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Judgment |
15 May 2015 |
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Procedural violations in disciplinary and travel restriction actions against a lawyer contravened EAC Treaty rule of law obligations.
East African Community law – Treaty obligations – Rule of law – Due process – Disciplinary proceedings against advocates – Procedural fairness – Secretary General’s duty to monitor compliance – Remedies – Jurisdictional limits
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African Regional Bodies
· African Union (AU)
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Judgment |
15 May 2015 |
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A reference on alleged unlawful detention was dismissed as time-barred under the East African Community Treaty.
Regional integration law – EAC Treaty – Jurisdiction of the EACJ – Time limits for instituting references – Whether continuing violations defeat time limits – Court’s power to grant declaratory relief for alleged unlawful detention – Interpretation and application of Article 6(d) and Article 30(2) of the Treaty Establishing the East African Community.
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African Regional Bodies
· African Union (AU)
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Judgment |
28 February 2014 |
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A Reference challenging state action under the EAC Treaty was dismissed as time-barred for failure to comply with strict limitation periods.
Regional integration law – EAC Treaty – jurisdiction of East African Court of Justice – time limitation of References under Article 30(2) – whether inclusion of human rights complaints removes EACJ’s interpretive jurisdiction – strict enforcement of statutory time limits for bringing action – Treaty interpretation and application.
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African Regional Bodies
· African Union (AU)
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Judgment |
24 February 2014 |
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EALA election rules must substantively comply with Article 50(1); consultations cannot undermine proper representation or the electoral process.
Regional integration law – East African Community – EALA elections – Legality and consistency of national rules for EALA elections with Article 50(1) of the Treaty – Jurisdiction of the East African Court of Justice – Remedies for non-conformity – Interpretation of requirements for representation of political parties, genders, and special groups in EALA.
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African Regional Bodies
· African Union (AU)
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Judgment |
29 November 2013 |
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The Court exercised discretion to allow a non-governmental organization to intervene as amicus curiae in a regional reference.
Civil Procedure – Amicus Curiae – application for leave to intervene in proceedings – requirements under Rule 36 of the East African Court of Justice Rules – judicial discretion – independence and role of amicus curiae – statement of interest in application.
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African Regional Bodies
· African Union (AU)
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Judgment |
28 August 2013 |
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A partner state’s denial of entry to EAC citizens must comply with due process, non-discrimination, and other requirements under the Treaty.
East African Community law – free movement of persons – due process – non-discrimination – sovereignty of partner states – supremacy of community law – obligations of partner states under the EAC Treaty and Protocol – interplay between national law and EAC obligations – right to redress for citizens of partner states.
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African Regional Bodies
· African Union (AU)
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Judgment |
24 May 2013 |
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The court granted a stay of execution on admitting new evidence after pleadings, pending appeal, exempting a Partner State from security for costs.
Civil procedure – Stay of execution – Whether notice of appeal suffices for stay – Substantial prejudice from additional evidence after close of pleadings and submissions – Partner State exemption from security for costs – Proper exercise of court’s discretion pending appeal.
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African Regional Bodies
· African Union (AU)
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Judgment |
17 May 2013 |
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The two-month time limit under Article 30(2) EAC Treaty does not apply to employment disputes under Article 31.
Regional integration law – East African Community Treaty – time limitation for proceedings – interpretation of Article 30(2) and its applicability to employment disputes under Article 31 – distinction between Reference and Statement of Claim proceedings – employment law within EAC organs.
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African Regional Bodies
· African Union (AU)
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Judgment |
2 May 2013 |
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Strict time limits under the EAC Treaty preclude the doctrine of continuing violations from extending limitation periods for References.
Community law – Limitation periods – Article 30(2) of the EAC Treaty – No exception for continuing violations – Court lacks power to waive two-month time limit – Legal certainty.
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African Regional Bodies
· African Union (AU)
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Judgment |
15 April 2013 |
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The court stayed proceedings in a reference pending the outcome of an appeal on similar facts to avoid conflicting decisions.
Civil procedure – stay of proceedings – inherent powers of the court – parallel legal actions arising from similar facts – avoidance of conflicting judgments – balance of convenience in granting a stay – impact of pending appeal on current proceedings.
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African Regional Bodies
· African Union (AU)
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Judgment |
14 February 2013 |
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Court allowed extension of time for the respondent to file a response due to the public importance of EALA election procedures.
Civil procedure – Extension of time – Sufficient reason for delay – Discretion of court – Public interest and importance of electoral process in regional institutions – Costs.
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African Regional Bodies
· African Union (AU)
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Judgment |
14 February 2013 |
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Application for extension of time to appeal dismissed for lack of sufficient reason and inordinate, unexplained delay.
Civil procedure – extension of time – whether sufficient reason shown for inordinate delay – obligations to file notice and grounds of appeal – prejudice to respondent – finality of litigation.
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African Regional Bodies
· African Union (AU)
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Judgment |
14 February 2013 |
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Application dismissed for non-appearance; substantive appeal adjourned to ensure fair inter partes hearing on serious treaty issues.
Civil procedure – dismissal of applications for want of prosecution – ex parte hearing – discretion of the court – abuse of process – necessity of inter partes hearing for substantive justice where fundamental rights and treaty obligations are implicated.
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African Regional Bodies
· African Union (AU)
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Judgment |
27 June 2012 |
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Detention without charge for five months and lack of due process breached Rwanda's obligations under the EAC Treaty.
Regional integration law – Good governance – Rule of law – Human rights – EAC Treaty – Prolonged incommunicado detention – Jurisdiction of EACJ – Exhaustion of local remedies – Limitation period – Interpretation and application of Treaty provisions by EACJ.
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African Regional Bodies
· African Union (AU)
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Judgment |
1 June 2012 |
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The court restrained Uganda from holding EALA elections under invalid rules until compliance with Article 50 of the Treaty is achieved.
Regional integration law – East African Legislative Assembly (EALA) elections – compliance with Article 50 of the Treaty for the Establishment of the East African Community – failure to amend national parliamentary rules to conform with Treaty obligations – restraint order against holding elections under non-compliant regulations – judicial review and justiciability of ongoing legislative amendments – role of the Secretary General in supervising Treaty compliance.
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African Regional Bodies
· African Union (AU)
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Judgment |
10 May 2012 |
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A Reference alleging Treaty breaches was struck out as time-barred under Article 30(2) of the EAC Treaty.
Regional integration law – jurisdiction of the East African Court of Justice – interpretation and application of Treaty – human rights allegations – time limit for instituting References – Article 30(2) of the EAC Treaty – proper procedure for preliminary objections.
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African Regional Bodies
· African Union (AU)
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Judgment |
15 March 2012 |
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The court restrained Uganda from holding EALA elections under disputed Rules pending resolution of a Treaty compliance challenge.
East African Community law – EALA elections – Interim injunction – Interpretation and application of Article 50 of the Treaty – Compatibility of national parliamentary rules with Treaty obligations – Prima facie case and irreparable harm – Balance of convenience.
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African Regional Bodies
· African Union (AU)
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Judgment |
30 November 2011 |
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The court lacks jurisdiction over employment contract disputes not involving human rights instruments.
Jurisdiction – African Court on Human and Peoples’ Rights – employment contract disputes – staff regulations – whether dispute involves application of human rights instruments – tribunal competence – lack of jurisdiction.
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African Regional Bodies
· African Union (AU)
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Judgment |
30 September 2011 |
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The Court lacks jurisdiction to hear cases against states not parties to its Protocol or members of the African Union.
International human rights – African Court on Human and Peoples' Rights – lack of jurisdiction over non-state parties – requirement of membership to African Union and ratification of Protocol – striking out of application for want of jurisdiction.
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African Regional Bodies
· African Union (AU)
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Judgment |
2 September 2011 |
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Delay by Community organs and a Partner State in concluding the protocol to grant EACJ appellate jurisdiction breaches Treaty governance obligations.
EAC Treaty — Article 27(2) envisages future conferment by protocol of EACJ original/appellate jurisdiction; Article 29 duties of Secretary-General; Article 30 remedies by residents; Article 6 principles of good governance and Article 8(1)(c) obligation to avoid measures jeopardising Treaty objectives; delay and non-compliance actionable; joinder of nominal/respondents and procedural propriety.
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African Regional Bodies
· African Union (AU)
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Judgment |
30 June 2011 |
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The Court ordered Libya to immediately refrain from acts risking loss of life or physical integrity amid allegations of mass rights violations.
Human rights – Provisional measures – right to life and physical integrity – jurisdiction of African Court – urgent intervention during armed conflict – obligations of state party under African Charter on Human and Peoples' Rights.
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African Regional Bodies
· African Union (AU)
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Judgment |
25 March 2011 |
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Human rights and Fundamental freedoms – Economic, Social and Cultural Rights – access to land and rights to religious practice, to property, to culture, to the free disposition of natural resources, and to development
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African Regional Bodies
· African Union (AU)
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Judgment |
25 November 2009 |
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A Partner State's disregard of court orders and interference with judicial independence violates the rule of law under the EAC Treaty.
Regional integration law – East African Community Treaty – Rule of law – interpretation of Treaty provisions – re-arrest and detention of persons granted bail – independence of the judiciary – jurisdiction of the EACJ – res judicata – powers and duties of the Secretary General under the Treaty.
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African Regional Bodies
· African Union (AU)
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Judgment |
11 November 2007 |