East African Court of Justice

Sacking of 14 judges by South Sudan President unconstitutional: East African Court of Justice

When a government removes one judge from office in a way that flouts the constitution and judicial independence it would be bad enough. But a case brought to the East African Court of Justice (EACJ) by Justice Malek Mathiang Malek against South Sudan’s President Salva Kiir for dismissing him, was just the tip of the iceberg. In fact, Justice Malek was one of more than a dozen judges dismissed by the government in 2017. But Justice Malek, who has had more than 20 years’ experience on the bench, decided he was not simply going to accept the situation.

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In its latest decision, the East African Court of Justice has come out strongly against unconstitutional government action to dismiss members of the judiciary. The case involved a senior member of the judicial bench in South Sudan, appeal court judge Malek Mathiang Malek, who challenged his 2017 dismissal by President Salva Kiir.

Tanzania must overhaul its oppressive media law after court scraps appeal

The Tanzanian government has suffered yet another blow to its efforts at curbing free expression: it has lost its appeal against a declaration of invalidity of key elements of a law that had given it wide-ranging powers to stifle the media. Earlier this week, the appellate tribunal of the East African Court of Justice dismissed the government’s attempts to appeal, saying the appeal had not been filed within the time limits set by the court.  

Read judgment of the appeal court

Read judgment of the trial court

 

‘Limping and irrational’ decision overturned on appeal by East African Court

A strange application brought to the East African Court of Justice by Burundi has completely unraveled. Burundi had argued that the Speaker of the East African Legislative Assembly was not properly elected. Failing before the trial court, Burundi challenged the court’s decision - only to have its legal team slated on appeal. Not just that: the initial costs order was overturned and Burundi must now pay the legal costs of both the trial and the appeal.

Read the judgment

Apart from the outcome itself, this appellate judgment of the East African Court of Justice has three interesting ‘moments’, including two where the court does not hesitate to criticise counsel involved in the dispute before it.

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