Tanzania: Eacj Reverses Decision On Zziwa's Instruction Fees

By Deus Ngowi

THE East African Court of Justice (EACJ) has set aside a decision in a tax reference and granted the

former East African Legislative Assembly (EALA) Speaker, Ms Margareth Zziwa 175,000 US dollars down from 359,376.99 US dollars.

The Court was making a decision on an application filed by the East African Community (EAC) Secretary General, faulting the instruction fees awarded to the former speaker.

The SG had opted to challenge the instruction fees awarded to Ms Zziwa on June 4, 2019 in Taxation Cause No. 1 of 2019.

The SG asked the Court to set aside the fees for more reasonable and less award in the interest of justice.

The Court granted the application and awarded the lower amount plus Value Added Tax (VAT).

The VAT had also been awarded in the initial decision and the Court also ordered each party to bear its own costs.

The Appellate Division of the EACJ awarded the former Speaker 114,000 US dollars as special damages and other costs for her removal in office.

It ruled in favor of Dr Zziwa, ordering that she be paid the said sum with interest thereon at six per cent per annum, from February 24th 2015, when she filed her amended reference till payment in full.

That was a result of her illegal removal from the office of the Speaker of the EALA, the Court averring that was an infringement of Articles 53 and 56 of the Treaty for the Establishment of the EAC.

In their judgment, justices Dr Emmanuel Ugirashebuja (President), Liboire Nkurunziza (Vice-President), Edward Rutakangwa, Aaron Ringera and Geoffrey Kiryabwire set aside the findings of the First Instance Division that it had no jurisdiction to grant the remedy of damages.

The Court added that the trial court, having found that the proceedings for the removal of the appellant as speaker were null and void and that, accordingly, her removal was illegal and in breach of the Treaty, it followed, in their view, that in the eyes of the law she continued to hold the office of speaker and the court could not but order her reinstatement as part of its mandate to ensure adherence to the law and compliance with the Treaty.

The First Instance Division ended the busy week in virtual meeting, and in the course of proceedings it delivered several judgments and rulings, dismissing a reference filed by Mr Erick Kabalisa versus the Attorney General of the Republic of Rwanda.

Kabalisa claimed to have been wrongfully dismissed by Rwandan Utilities Regulatory Agency (RURA), but the Court held that his termination was pursuant to a performance appraisal exercise and was in compliance with Rwandan domestic law.

It dismissed a reference filed by Niyongabo Theodore and two others vs the Attorney General of the Republic of Burundi.

The Reference faulted the Government over alleged violation of property rights on account of a decision of the Tribunal de Grande Instance of Bujumbura that nullified legal interests that had been wrongfully acquired.

The judgments and rulings were all delivered via Video conference by justices Monica Mugenyi (Principal Judge), Audace Ngiye, Charles Nyawello, and Charles Nyachae.