EACJ delivers Judgement in EALA Speaker Case

Friday 3rd February, 2017. The First Instance Division of the East African Court of Justice on Friday 3rd February delivered a judgement in the case  Hon. Margaret Nantongo Zziwa versus the Secretary-General of the East African Community. In the case Hon. Zziwa, the former Speaker of the East African Legislative Assembly (Eala), had challenged the process of her removal from the position and sought reinstatement to the position and $2 million (Shs7.1 billion)in compensation.

The Court in its judgement declined to grant the requested orders to reinstate Hon. Margaret Nantongo Zziwa to the position of the Speaker of the East African Legislative Assembly (EALA) citing the need to respect the principle of separation of powers. On this basis, Court ruled that it could not be seen to direct another arm (EALA) on how it should conduct its business. Court further declined to award Hon. Zziwa the compensation she had requested.

However, Court also declared that the sitting of the Assembly on November 26, 2014, presided over by the temporary Speaker was unlawful and that Committee on Legal Rules and Privileges, allowing members of the Assembly who initiated the motion for removal of the Applicant to sit and determine whether she should be removed was a violation of the basic rules of natural justice. Court ordered each party to bear its own costs.

 

 

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