East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022)
East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022) [2023] EACJ 10 (31 May 2023) (Appellate Division)
The Court held that the distinction between membership and quorum is fundamental: while Article 13 of the Treaty sets out the membership of the Council of Ministers, the quorum for Council meetings is determined by the Rules of Procedure made under Article 15(2) of the Treaty. The Rules require representation from all Partner States at ministerial level, not the attendance of all Attorneys General. The Court found no inconsistency between the Treaty and the Rules of Procedure regarding quorum. The amendment to Article 13 was intended to ensure Sectoral Councils were properly constituted, not…
Source excerpt
- Treaty Interpretation
- Institutional Governance
- Quorum Requirements
- Regional Community Law