As the East African Court of Justice (EACJ) marked its 25th anniversary on Thursday, November 12, officials and legal experts said funding and member states' compliance with and enforcement of its decisions are among the key challenges. They said this at the anniversary celebrations held at the East African Community Headquarters in Arusha, Tanzania, where government and judicial officials, laws and other stakeholders from the region gathered to discuss the next 25 years of the EACJ and what it will take for the court to serve its mandate. Our theme, Fromation to Future, invites us to reflect all the court's journey, acknowledge the progress made and consider priorities that will shape its next chapter, EACJ President Nestor Kayobera said. Through its jurisprudence, the court has played an important role in clarifying the obligations of the artner states and advancing the principles of legality, accountability, and good governance within the Community. However, the authority of court rests not only on the quality of this judgements, but also all their implementation. Compliance is essential to upholding the rule of law, maintaining public confidence and preserving the integrity of the Community's legal order. Kayobera noted that Article 38 of the Treaty provides a framework for addressing compliance with the court's judgement. Strengthening implementation requires sustained cooperation among partner states, and the relevant community institutions, supported by clear responsibilities and effective follow-up mechanisms, he said. He added that the EACJ needs a permanent seat. We are celebrating 25 years, but the court is still in Arusha as a temporary seat. 25 years without a permanent seat, we think the leaders, political leaders should think of that one. Funding, compliance The 25th anniversary of the EACJ means a lot because it's a court that started in 2001. And the first case came to the court four years after four years. But now the cases have risen to 1,000, which is not an easy feat by any means, said Rwanda's Minister of Justice and Attorney General, Emmanuel Ugirashebuja. We discussed was the issue of financing of the whole Community at large, but specifically to the court, said Ugirashubuja, who is a former president of the EACJ. We need a sustainable way of funding the organs of the Community, including the court. He suggested a funding mechanism used in the Caribbean Court of Justice, where member states gave about $100 million to the court for investment and then the proceeds of it was used to fund the activities of the court. The other issue is about the judges and other staffing. We do believe that the judges should be empowered more, in order to handle some of the complex issues that take place here. The other key issue is that of limitations within the EAC Treaty, that we believe if amended will enhance the jurisprudence of the court. Currently, there is a two-month limitation where if an action occurs that is a breach of the Treaty and a litigant want to sue for that action, if they do it beyond two months from the time the breach took the alleged breach took place, the court cannot decide on the case. We believe that the time limit should either be extended to six months, which is more reasonable than two months. Speaking about member states' compliance with EACJ decisions, Ugirashebuje said one of the necessary elements is having a reporting mechanism that tracks compliance. The first word is to bring in place a reporting mechanism, because sometimes a judgment is handed against a state. But the state doesn't even know that that judgement was handed because sometimes it's the lawyers who argue for the state to come here. There are some courts and some jurisdictions which have developed a reporting mechanism, where every year there is a report on the matters that were decided on, and what should be enforced, and whether it has been enforced or not, and whether the state has reported the status of information. So, a tool should be developed in order to capture the status of the cases that have been decided, whether they've been complied with or not. Rebecca Kadaga, Uganda's First Deputy Prime Minister and Minister of EAC Affairs, noted the need for the amendment of the EAC Treaty to allow for the establishment of National Competent Authorities to help enforce EACJ decisions. National Competent Authorities are used in ECOWAS, where the implementation of decisions by the region's Court of Justice has reached a higher rate. In the future, the Council of Ministers must own the work of the court We must ensure that the judgments are communicated and implemented. It's our responsibility to ensure that they are tracked, said Kadaga, who also chairs the council. The Council will continue to dialogue and work with the court. I am actually attracted by the concept of National Competent Authorities. It has become more and more important that as a region we may have to amend the Treaty to create National Competent Authorities so that it binds all of us. We are going to work on it. Jurisdiction of trade, investment matters EAC Secretary General Stephen Mbundi also congratulated the court and its leaders for the 25th anniversary, noting that it needs to expand its jurisdiction to rule on trade and investment matters in the region. As Secretary General, I pledge to work with the Judge President to organise dialogue and consultations with Partner States, development partners and other stakeholders around enhancing the capacity of the Court to meet the needs of the Community in adjudicating over matters impacting on trade, investment, monetary integration and obligations arising under the Common Market, Mbundi said. He also called for the promotion of arbitration services. As trade and investment within the region continue to expand, we should encourage greater awareness and use of the arbitration mechanisms available under the Treaty. Businesses and investors require confidence that disputes arising from their transactions can be resolved fairly and efficiently, he said.
