The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The East African Court of Justice has dismissed with costs the application in which the government of Rwanda wanted the case challenging border closure halted.
The government of Rwanda wanted the case filed by a Ugandan lawyer Steven Kalali, to be heard by a full bench of five judges and not three judges. It argued that it would be prejudiced as it doesn’t have a judge coming from Rwanda on the panel.
The current panel hearing the case comprises of three judges led by the principal judge Monica Mugenyi from Uganda, Audace Ngiye from Burundi and Dr. Charles Nyawello from South Sudan. Other judges but currently not on the panel are Faustin Ntezilyayo from Rwanda and Charles Nyachae from Kenya.
In the ruling, the judges say court has a discretion to constitute a bench of three or five people to hear a case depending on their availability. They further reason that there was no evidence to prove that the case by Kalali was complex and therefore if the full bench is not constituted, Rwanda was not going to get justice.
But also, Basic Principle 14 of the UN Basic Principles on the Independence of the judiciary says that the assignment of cases to judges within the court to which they belong is an internal matter or judicial administration.
Other reasons given by the judges are; the application was brought to court when proceedings in the main petition by Kalali was almost nearing conclusion and therefore it would further delay justice if the bench was to be reconstituted. Also, they stated the judges of the court are international public officials guided by law and serve at the interest of the community and not individual partner states.
To this effect, Rwanda which was being represented by the State Attorney Nicholas Ntarugera from their Attorney General’s chambers has been directed to pay costs to the Ugandan lawyer Steven Kalali.
On February 27, 2019, Rwanda closed its Kyanika and Gatuna borders blocking trucks from Uganda to allegedly expedite construction works at the Rwandan side of the Gatuna border. Truck drivers were advised to use the Kagitumba border through Mirama Hills.
Then Rwanda advised its citizens against travelling to Uganda claiming that Ugandan authorities were abducting, arbitrarily arresting, jailing, torturing and illegally deporting Rwandans.
The Kigali administration accused the government of Uganda of hosting, sponsoring, and facilitating terrorist groups like the Rwanda National Congress-RNC and the Democratic Forces for the Liberation of Rwanda -FDLR that have declared war on Rwanda. As a result, a Ugandan lawyer Steven Kalali sued the government of Rwanda in the East African Court of Justice.
Kalali through his lawyers Richard Wananda, Joseph Mutyaba and Josephat Mutesasira argued that the actions of Rwanda by closing its border have infringed on the rights and freedoms of its people and those in neighboring countries.
He added that its actions have since caused financial loss to hundreds of traders. He thus demanded an order by the court declaring the border closure illegal saying it contravenes the East African treaty which Rwanda is a signatory.
Mediation talks between Ugandan and Rwandan heads of state over the border closure suffered a huge setback early this year due to Covid-19 pandemic. Since its closure, so far eight people have been shot dead by Rwandan security forces at the border.
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