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AN ACT to give the force of law in Uganda to the Treaty for the Establishment of the East African Community and to provide for other connected or incidental matters.WHEREAS the Treaty for the Establishment of the East African Community which is set out in the Schedule to this Act, was signed at Arusha, Tanzania on the 30th day of November, 1999 on behalf of the Governments of the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya;AND WHEREAS the Parliament of the Republic of Uganda ratified the Treaty on the 27th day of April, 2000, in accordance with article 123 of the Constitution, section 3 (b)(ii) of the Ratification of Treaties Act, 1998 and article 152 of the Treaty;AND WHEREAS it is expedient to give the force of law to the Treaty in Uganda;Now THEREFORE BE IT ENACTED by Parliament as follows:
East African Community Act, 2002
Act 13 of 2002
1. Short title
This Act may be cited as the East African Community Act, 2002 and shall come into operation on such dale as the Minister may, by statutory instrument appoint.
In this Act, unless the context otherwise requires—“Act of the Community” means an Act of the Community enacted in accordance with article 62 of the Treaty;“the Assembly” means the East African Legislative Assembly established by article 9 of the Treaty;“the Community” means the East African Community established by article 2 of the Treaty;“the Council” means the Council of the East African Community established by article 9 of the Treaty.“Gazette" means the Official Gazette of the Community;“institutions” means the institutions of the Community established by or under article 9 of the Treaty;“the Minister” means the Minister responsible for regional co-operation;“organs” means the organs established by article 9 of the Treaty;“Partner States” means the United Republic of Tanzania, the Republic of Uganda, the Republic of Kenya and any other country granted membership to the Community under article 3 to this Treaty;“Secretariat” means the Secretariat of the Tripartite Commission established under article 6 of the Agreement for the Establishment of a Permanent Tripartite Commission for Co-operation between the United Republic of Tanzania, the Republic of Uganda and the Republic of Kenya entered into on the 30th day of November, 1993;“the Treaty” means the Treaty for the Establishment of the East African Community dated 30th November 1999, and entered into by the United Republic of Tanzania, the Republic of Uganda, and the Republic of Kenya which is set out in the Schedule to this Act, and as from time to time amended under any provision of the Treaty or otherwise modified.
3. Treaty to have force of law in Uganda
(1)The Treaty as set out in the Schedule to this Act shall have the force of law in Uganda.(2)Without prejudice to the general effect of subsection (1) of this section, all rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Treaty and all remedies and procedures from time to time provided for by or under the Treaty, shall be recognised and available in the law and be enforced and allowed in Uganda.
4. Community to have capacity of a body corporate
(1)The Community shall have the capacity, within Uganda, of a body corporate with perpetual succession and shall have power to acquire, hold, manage and dispose of land and other property and to sue and be sued in its own name.(2)The Community shall have power to perform any of the functions conferred upon it by the Treaty and to do all things, including borrowing, that are in the opinion of the Council necessary or desirable for the performance of those functions.(3)Subsection (2) of this section relates only to the capacity of the Community as a body corporate and nothing in that subsection shall be construed as authorizing the disregard by the Community of any law as affecting any power of the Community conferred by any law.
5. Transfer of rights and liabilities
(1)All the property of the Secretariat immediately before the commencement of this Act shall, as from the date of commencement of this Act, vest in the Community and as from that date, the Community shall have all the rights which the Secretariat has and be subject to all the liabilities to which the Secretarial is subject, immediately before that date.(2)On and after the commencement of this Act, every contract made in writing by or on behalf of the Secretariat whether or not of such a nature that rights and liabilities under it could be assigned by the Secretariat, shall have effect as if made by or on behalf of the Community and as if references in it to the Secretariat and to any officer or authority of the Secretariat were replaced, in relation to anything falling to be done on or after the commencement of this Act, by reference to the Community and to the corresponding officer or authority of the Community.(3)Without prejudice to the general effect of subsections (1) and (2) of this section, the Community and any other person or authority shall have similar rights, powers and remedies (including in particular, rights and powers as to instituting or defending legal proceedings) for ascertaining, perfecting or enforcing any rights or liabilities vested in or attaching to them by virtue of this section as if the rights or liabilities have at all times been rights and liabilities of the Community or of that person or authority.(4)Any proceedings by or against the Secretarial pending immediately before the commencement of this Act may be continued by or against the Community.
6. Financial provisions
(1)There shall be charged on and paid out of the Consolidated Fund, without further appropriation than this Act, all payments required to be made from time to lime by the Government under the terms of the Treaty.(2)Subject to article 159 of the Constitution of the Republic of Uganda, for the purposes of providing any sums required for making payments under this section, the Minister responsible for finance may, on behalf of the Government, make such arrangements as are necessary or raise loans by creation and issue of securities bearing such rates of interest and subject to such conditions as to repayment, redemption or otherwise as the Minister thinks fit: and the charges and expenses incurred in connection with their issue shall be charged on and issued out of the Consolidated Fund.(3)Any moneys received by the Government under the Treaty shall be paid into and form part of the Consolidated Fund and shall be available in any manner in which the Consolidated Fund is available.
7. Immunities and privileges of employees
(1)Persons employed in the service of the Community shall—(a)be immune from civil process with respect to acts performed by them in their official capacity; and(b)be accorded such immunities from immigration restrictions and alien registration as the Partner States may determine.(2)Experts and consultants rendering services to the Community shall be accorded such immunities and privileges as may be agreed by the Partner States.
8. Status, immunities and privileges of the Community
(1)The Community shall be accorded such status, capacity, immunities, privileges and exemptions as may be agreed upon by the Partner States.(2)Members of the organs and institutions of the Community shall be accorded such immunities and privileges as may be agreed upon by the Partner States.
9. Acts of the Community to have the force of law
(1)The provisions of any Act of the Community shall, from the date of publication of that Act in the Gazette, have the force of law in Uganda.(2)An Act of the Community shall come into operation on the date of its publication in the Gazette or, if it is provided in that Act that some or all of its provisions shall come into operation on some other date (whether before or after the date of publication), those provisions shall come into operation on that other date.(3)An Act of the Community passed under this section shall be laid before the table of Parliament.
10. Adaption of written laws
(1)The Attorney-General may, by Order published in the Gazette, at any time before the expiration of twenty-four months from the commencement of this Act, make such amendments and adaptations to any written law as may appear to the Attorney-General necessary or expedient for bringing that written law into conformity with the provisions of the Treaty or otherwise for giving effect or enabling effect to be given to those provisions.(2)An Order made under this section shall be laid before Parliament as soon as practicable after it is published in the Gazette.
11. Subsequent amendment of the Treaty
Where after the commencement of this Act, the Treaty is amended or modified in accordance with the provisions of article 150 of the Treaty, and ratified under article 123 of the Constitution of the Republic of Uganda, the Minister shall cause a copy of the amendment or modification to be laid before Parliament; and the amendment or modification shall, for the purposes of this Act. come or be deemed to have come into operation on the date it is laid before Parliament.
The East African Community Act, 1967 is repealed.