Tanzania — The 15th Meeting of the EAC Sectoral Council on Legal and Judicial Affairs concluded today in Arusha, Tanzania with the Council clearing the legal content of the draft Protocol for the establishment of the East African Monetary Union.
The Sectoral Council adopted the draft Protocol as it meets the requirements of the Treaty and recommended to the Summit to approve and sign the Protocol on 30th November 2013
The Attorneys General, Solicitors General as well as Ministers responsible for judicial and constitutional affairs directed the Secretariat to make a compilation of all documentation used in the negotiations of the draft Protocol to be used as working documents in drafting the legal instrument establishing the institutions to support the Monetary Union.
The Sectoral Council noted that whereas Article 2(2) of the Treaty provides that the Customs Union and Common market are transitional and integral parts of the Community, the Treaty also requires the Partner States to establish a Monetary Union pursuant to Article 151 of the Treaty.
The Sectoral Council further noted that the Monetary Union will commence upon ratification and coming into force of the Protocol for all 5 Partner States. However, the realisation of the Monetary Union shall be progressive. At least three Partner States can commence a single currency in accordance with the relevant provisions of the Protocol.
On the issue of 77 Articles of the draft protocol of the establishment the East African Monetary Union which were reduced to 31 Articles, the Sectoral Council agreed that the various Articles that were operational in nature had been removed from the draft Protocol and would be used in the enabling laws that will establish the institutions and guide the Monetary Union such as the East African Central Bank.
The Sectoral Council whose composition includes the Partner States' Attorneys General, Solicitors General as well as Ministers responsible for judicial and constitutional affairs, also considered the Legal Content of the the Extension of the Jurisdiction of the East African Court of Justice, whose growing structure requires the fast implementation of Article 27(2) of the Treaty; Bills on the Inter-University Council for East Africa and Trade Negotiations.
The Sectoral Council also discussed the establishment of the EAC Science and Technology Commission; Protocols on Heath; Prevention of Corruption; Immunities and Privileges; and Good Governance; the Approximation of Municipal Laws in the EAC context, a Primary Pivot to the Implementation of the Common Market; and Regional Judicial Training as a component of co-operation in judicial matters.
Addressing the Sectoral Council, the East African Community Secretary General Amb. Dr. Richard Sezibera reiterated the critical role of Sectoral Council in ensuring that policy matters, including all programmes and projects of the Community, are pursued in strict conformity with the Treaty and relevant legislation.
The Secretary General reminded the Attorneys General, Solicitors General as well as Ministers responsible for judicial and constitutional affairs that The EAC Council of Ministers, other organs and institutions will always depend on their timely and purposive wise counsel.
Present at the meeting were Hon. Peter Nyombi, Attorney General of the Republic of Uganda and Chairperson of the Sectoral Council; Hon. Prof. Githu Muigai, Attorney General of the Republic of Kenya; Hon. Mr. Justice Johnston Busingye, Attorney General/ Minister of Justice of the Republic of Rwanda; His Lordship Mr. Justice Frederick M. Werema, Attorney General of the United Republic of Tanzania; and Hon. Pascal Barandagiye, Minister of Justice and Holder of Seals of the Republic of Burundi.
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