The EAC Court of Appeal of Justice on Thursday dismissed Burundi’s appeal on the election of Martin Ngoga as Speaker of the Parliament of the East African Community of (EALA). The decision is final and therefore without appeal.
The election of Martin Ngoga in December 2017 has just been confirmed by the Court of Appeal of the East African Community (EAC).
“The Court rejects an appeal by the Government of Burundi challenging the decision of the trial division on the election of the president of the 4th East African Legislative Assembly (EALA),” reads the twitter. “The appeal was dismissed with costs for the defendant and the intervener,” adds the same message.
Martin Ngoga was elected President of the East African Community Parliament in December 2017. Burundi, Rwanda and Tanzania had put forward candidates. Martin Ngoga of Rwanda won the election in the second round by 33 votes. Léontine Nzeyimana of Burundi received 3 votes and the Tanzanian Adam Kimbisa 0.
Burundi contested its election, which took place in the deliberate absence of their MPs. They had opted for the empty chair policy. Tanzanian MPs had done the same.
After the election of Martin Ngoga, Burundi had filed a complaint with the EAC court of justice. It argued that the EAC treaty had been violated. According to the legal adviser of the Government of Burundi, Nestor Kayobera, the question of quorum is an obligation under article 56 and article 12 of the EALA rules of procedure. For Burundi, there was a need to reorganize the election of the chairperson of EALA.
Dr. Anthony Kafumbe, representing the Secretary-General for his part, had shown that the election of the Chairperson of the Assembly had been done in accordance with the law. He had further pointed out that, in the election of the President, it was not mandatory for each member to vote under Article 6 (9) (c). Thus, in his view, members from Burundi and Tanzania had been free not to vote.
On the question of the quorum, Dr Anthony Kafumbe had explained that it only applied when the Assembly was duly constituted.
EALA members are elected for a renewable five-year term. The present term of office ends in 2022.
Gérard Rugambwa
