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ISSN 0856-9135;  No. 00210

March 2 - 8, 2002

EAC Judicial Systems

 

East African Countries urged to harmonize their Judicial Systems

By Sukhdev Chhatbar

Barnabas Samatta, Tanzanian Chief Justice, has urged the
three East African Community members Kenya, Uganda and
Tanzania to harmonize their administration of justice because
they share a common legal heritage. The EA countries were
once British colonies.
 
Addressing members of the executive council of the East African
Magistrates and Judges Association (EAMJA) in Arusha on
Saturday, Samatta stated: "It is not unrealistic to expect that one
day the co-operation in the judicial sphere in our region will be
as strong as it was before the collapse of the EAC in 1977."
Samatta said EA countries have several areas of common in law,
in which they could exchange information, ideas and experience.
He stated that the "fundamental pillars on which the national
constitutions in the region rest are similar and share a common
legal heritage.''
 
"The foundation on which the East African co-operation can
stand is now in place," Samatta told the meeting, adding that all
that remains is for an East African judicial system to be realized.
Presidents Daniel arap Moi of Kenya, Yoweri Museveni of
Uganda and Benjamin of Mkapa formally signed a Treaty re-
establishing the EAC in Arusha in January 2000.
 
The people of East Africa, Samatta said, are looking to the
judiciaries for the protection against denial or abridgement of
their rights and freedoms. "It is not an easy task, but it is one
which those constitutional bodies must discharge if the basic
rights and freedom are to be protected."
 
"When a constitution lays down clear principles on human rights
and freedoms, judges should be bold enough to uphold those
values," he counseled.
 
Samatta encouraged the exchange of judgments and legal rulings
between the EA judiciaries.
 
Judge Josephat Mackanja, President of the Magistrates and
Judges Association of Tanzania, said East Africans are entitled
to the delivery of fast and untainted justice. "The people we
serve look to our courts for justice. They count on the fairness of
our courts; they deserve the best justice we are required to
deliver to them," he said in his opening remarks.
 
The original EAC collapsed in 1977 mainly because of political
and economic differences between the member states.

 

 

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