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Regional court clears way for Juba to join EAC

Thursday March 05 2015
EACJ

Members of the EACJ at a past session in Arusha. The court has dismissed a case that was seeking to block Juba’s admission on the grounds that the country was badly governed. PHOTO | FILE |

The East African Court of Justice (EACJ) has cleared the way for South Sudan to join the East African community by dismissing a case against its accession bid.

In October 2013, Uganda Traders Association of South Sudan Ltd and three others filed a case at the EACJ seeking to block Juba’s admission on the grounds that the country was badly governed.

The case was grounded on article 3 (3) (b) of the EAC treaty, which requires members to adhere to acceptable standards of good governance, democracy, rule of law and observance of human rights and social justice.

The applicants, who included Patrick Walusimbi Ntege, Dan Ssenga and Mohamed Waiga, alleged that Ugandan traders in Juba have neither judicial nor administrative protection from South Sudan. They further claimed that Juba does not provide a conducive environment for business, commerce, investment and the protection of property rights and other rights as required by the EAC treaty.

They also alleged that Ugandan traders in South Sudan have been raped, tortured, killed, maimed and even imprisoned without trial. They further claimed that their merchandise have been confiscated and vehicles detained by soldiers without any redress from the courts as they are incapable of addressing these injustices.

The applicants, therefore, had sought the EACJ to declare that South Sudan is not a fit and proper country to be granted membership in EAC.

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“And that the Attorney generals of Tanzania, Uganda, Kenya, Burundi and Rwanda as well as EAC secretary general, should not admit the South Sudan into a regional body as a country does not adhere to the good governance principles” reads part of the case document.

Ruling

In its verdict, the EACJ held that the South Sudan process under scrutiny duly complied with the Treaty and the Protocol for Admission to the EAC.

The court said that the directive for the commencement of negotiations was grounded in the Summit’s discretionary mandate as enshrined in Article 3(2) of the Protocol for Admission to the EAC, and it did not contravene alleged Treaty provisions.

"The Court dismissed the case with costs to the respondents", reads the EACJ statement.

In November 2011, South Sudan applied to join the EAC but its bid had to be delayed because of the civil war. Fighting again broke out in the oil-rich country in December 2013 following a clash between troops loyal to President Salva Kiir and his former deputy Riek Machar.

South Sudan now is looking to start technical negotiations as from March 23rd, Aggrey Tisa Sabuni, a co-chair of South Sudan’s Accession Committee to the EAC, told reporters in Juba last week.

“This is a very serious development. The political consideration has been sorted out particularly South Sudan’s acceptance to abide by the terms of the treaty that brings together member states,” he added.

At the latest EAC Heads of State Summit in Nairobi, regional leaders confirmed that the roadmap for negotiations on Juba’s admission to the bloc has been adjusted.

The Summit chairman, President Jakaya Kikwete, directed the EAC Council of Ministers, to ensure that negotiations are conducted in accordance with the new roadmap.

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