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Administrative Law [2020] EACJ 16

East Africa Law Society v Attorney General of United Republic of Tanzania and Another

East Africa Law Society v Attorney General of United Republic of Tanzania and Another (Reference No.1 of 2019) [2020] EACJ 16 (25 November 2020) (First Instance Division)

The Court held that Article 24 of the Treaty provides two distinct and alternative routes for appointment to the East African Court of Justice: either the nominee fulfills the conditions required in their own country for holding high judicial office, or is a jurist of recognized competence. Justice Mjasiri, though retired from the Tanzanian judiciary, was acknowledged as a jurist of recognized competence and thus qualified under Article 24. The Treaty does not prescribe a uniform or public nomination process, leaving such procedures to the discretion of Partner States as a matter of sovereign…

  • Treaty Interpretation
  • Judicial Appointments
  • Sovereignty Of Partner States
  • Public Participation
  • Transparency And Accountability
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