THE EAST AFRICAN COMMUNITY IN THE EAST AFRICAN COURT OF JUSTICE FIRST INSTANCE DIVISION SITTING AT ARUSHA REFERENCE

NUMBER ................... OF 2013 ABCD ............................................................ APPLICANTS Versus -

THE ATTORNEY GENERAL OF UGANDA ................... RESPONDENT STATEMENT OF REFERENCE (Under Articles 6, 7(3), 8(1)(c), 23, 27(1) and 30 of the Treaty for Establishment of the East African Community (Treaty) as amended and Rule 24 of the East African Court of Justice Rules of Procedure, 2013)

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DESCRIPTION OF THE PARTIES HON. JPB, the 1st the applicant herein is a male adult Ugandan, a Member of Parliament for ............................. Constituency, resident in Uganda, a partner state of the East African Community and his address is c/o Nyanzi, Kiboneka & Mbabazi Advocates, Plot 103 Buganda Road, P.O. Box 7699, Kampala.

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HON. ISN, the 2nd 1st the applicant herein is a male adult Ugandan, a Member of Parliament for Kyadondo ............ Constituency, resident in Uganda, a partner state of the East African Community and his address

is c/o Nyanzi, Kiboneka & Mbabazi Advocates, Plot 103 Buganda Road, P.O. Box 7699, Kampala. 1.3 HON. F....., the 3rd the applicant herein is a male adult Ugandan, a Member of Parliament for ............................. Constituency, resident in Uganda, a partner state of the East African Community and his address is c/o Nyanzi, Kiboneka & Mbabazi Advocates, Plot 103 Buganda Road, P.O. Box 7699, Kampala. 1.4 THE ATTORNEY GENERAL OF UGANDA, the respondent herein is the legal representative of the Government of Uganda by virtue of Articles 119(4) and 240 of the Constitution of Uganda. The applicants advocates undertake to effect service of court process upon the respondent. 2.0 SUBJECT OF THE REFERENCE AND SUMMARY OF THE POINTS OF LAW 2.1 The impugned acts, commissions and/or omissions of the President/CiC in the command, control and management of the UPDF, are inconsistent with Article 99 and the Presidential Oath in the Fourth Schedule of the Constitution and by extension infringe Articles 5, 6, 7 and 123 of the Treaty. The current command structure, operations, functioning, control and management of the UPDF by the President/Commander-in-Chief in violation and contravention of the UPDF Act, 2005 breaches the principles of good governance, rule of law, accountability and democracy as hereunder: a) The acts of the Commander-in-Chief/President have the effect of personalising the UPDF and rendering it a force that is only loyal, subservient and subject to the personal whims of the incumbent President/Commander-in-Chief. b) The constitutional and statutory role and functions of the UPDF as a national defence and armed force or national army that is 2

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professional, disciplined, nonpartisan, patriotic and subordinate to the civilian authority have been compromised and whittled away and replaced with loyalty, subservience and partisan to the person of the President/Commander-in-Chief. c) The creation of the SFC (purportedly for the protection of the presidency) parallel to the other service puts the security, defence and protection of the President, his family and selected VIPs over the national defence and security interest and concerns. d) The constitutional qualifications of the UPDF officers have been discarded and replaced by loyalty and subservience to the Commander-in-Chief or his blue eyed cronies. e) Service in the UPDF is at the pleasure and personal whim of the Commander-in-Chief who after recruitment determines the promotion, deployment and discharge. 2.2 The current command structure, operations and functioning of the UPDF outside the constitutional and legal framework translates the adage, that where the rule of law stops, tyranny begins, into reality which bodes very bad for the East African Community and renders the fundamental principles and objectives of the East African Community with especial reference to Articles 5, 6, 7 and 123 of the Treaty illusory and unachievable. The current command structure, operations and functioning of the UPDF outside the constitutional and legal framework bodes bad for a peaceful transition from the incumbent to another President/ Commander-in-Chief as the SFC that is loyal and subservient only to the incumbent would in the style and fashion of the Praetorian Guard or Elite Republican Guards of deposed and deceased dictators and tyrants resist all such efforts and restore the incumbent onto power against the will of the people. Under the current command, structure, operations and functioning, an elected president who is purely civilian without any military background would find it difficult if not impossible to exercise his constitutional and legal mandate to control and manage the UPDF. Under the current command, structure, operations and functioning, the peoples will and civilian authority enshrined in the Constitution is illusory and practically has been overthrown and replaced by the President/Commander-in-Chief, in as far as talk about the defence forces is gagged under the pretext of national defence and security yet 3

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the defence and security is for an individual and person of the President/Commander-in-Chief. 2.6 That the Court is mandated under the Treaty to: a) Interpret whether the actions of the Government of Uganda as a partner state are unlawful and inconsistent with the provisions of the Treaty. b) Ensure the adherence to the law in the interpretation and application of and compliance with the Treaty by the partner states which aspects are present in this Reference and clothe this Court with the jurisdiction to exercise its mandate, authority and powers over the respondent. 2.7 The respondent as a partner state is under an obligation and commitment to implement and enforce the Treaty and is accordingly liable for non-compliance with the East African Community laws. APPLICANTS EVIDENCE The applicants have a civic duty as Ugandans and residents of Uganda a partner state of the East African Community to enjoy the observance of the rule of law, good governance, accountability and democracy by the Government of Uganda and accordingly a breach of the Treaty by the Government of Uganda adversely prejudices and affects the applicants .................................... in Uganda and the East African Community. On 26th May, 2013, the applicants, through radio and newspaper reports got to know of a reshuffle in the UPDF structure of command by the President/Commander in Chief wherein: a) The Chief of Defence Forces and Deputy Chief of Defence Forces were removed from their respective positions and appointed to political offices of Minister and Ambassador respectively and therefore disqualified to remain and continue serving as UPDF officers. b) Lt. Gen Edward Katumba Wamala, Maj. Gen. Charles Angina, Maj. Gen. Fred Mugisha, Brig. Wilson Mbadi, Brig. David Muhoozi, Brig. Samuel Turyagyenda, Brig. Garvas Mugenyi, Brig. Leopold Kyanda, Col. Emmanuel Kanyesigye, Col. Joseph Ssemwanga, Col. Augustine Kyazze, Col. Francis Chemonges, Col. Deus Sande, Col. Charles Lutaya and Lt. Col. James Birungi were promoted from their former 4

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ranks to their present ranks and appointed service heads and commanders as hereunder: NAME 1. Lt. Gen Edward Katumba Wamala 2. Maj. Gen. Charles Angina, 3. Maj. Gen. Fred Mugisha 4. Brig. Wilson Mbadi 5. Brig. David Muhoozi 6. Brig. Samuel Turyagyenda 7. Brig. Garvas Mugenyi 8. Brig. Leopold Kyanda 9. Col. Emmanuel Kanyesigye 10. Col. Joseph Ssemwanga 11. Col. Augustine Kyazze 12. Col. Francis Chemonges 13. Col. Deus Sande 14. Col. Charles Lutaya and Lt. 15. Col. James Birungi FORMER APPOINTMENT AND RANK Commander of Land Forces Chief of Staff Land Forces Joint Chief of Staff 4 Division Commander Commander Air Defence Division Airforce Commander Commander, Armoured Brigade Chief of Personnel and Administration 5 Division Operations Officer Commandant, Armoured Warfare Training School (AWTS) D/Chief of Logistics & Engineering Armoured Brigade Operations Officer Chief Instructor, AWTS Acting Chief of Staff Airforce CURRENT APPOINTMENT AND RANK General; CDF Lt. General, Deputy CDF Head of National Counter-Terrorism Centre Maj. Gen, Joint Chief of Staff Maj. Gen. Commander Land, Forces Maj. Gen., Airforce Commander Commander, Air Defence Division Chief of Staff, Land Forces 4 Division Commander Brig. Commander, Amoured Brigade Brig; same position Brig. Commandant, WTS Brig; attached to Amison For Senior Air Staff and Command Course in the USA Col. Acting Chief of Staff Airforce.

Additionally, Lt. General Kale Kayihura the Inspector General of Police was also promoted to General. 5

c) In the month following the reshuffle and appointments todate, there were newspaper reports to the effect that: i) ii) The President/Commander-in-Chief had a day before the reshuffle addressed the High Command. There was a service of the UPDF called SFC commanded by Brig. Muhoozi Kainerugaba, the son of the President/Commander-in-Chief. That SFC is well equipped and has a higher strength than the statutory land and air services as it has the ultimate command and controls of the core and critical forces of the UPDF viz air defense, artillery and marines. In effect, the land and air services of the UPDF as components of the Uganda defense and security forces are there in name but hollow and empty as against the SFC The President/Commander-in-Chief had appointed a Brig. Moses Ddumba Ssentongo as the new Chairman of the General Court Martial.

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d) The acts of the President/Commander-in-Chief as reported when juxtaposed against the UPDF Act show that: i) The President/Commander-in-Chief promotes officers of the UPDF and not the Commission Board under S. ...... of the UPDF Act, 2005 as prescribed under the law. Promotions are made without officers undertaking courses and doing promotion examinations as prescribed under S. ......... of the UPDF Act, 2005. The appointment of the Chairman of the General Court Martial is made by the President/Commander-in-Chief and not the High Command as required under S. .............. of the UPDF Act, 2005. The President/Commander-in-Chief discharges and/or dismisses officers of the UPDF instead of the Commission Board under Section ........... of the UPDF Act, 2005 and DFC under S. ............ of the UPDF Act, 2005 by appointing officers of the UPDF to political offices that cannot be held by UPDF officers. 6

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There is a service of the UPDF established (alongside and parallel to the statutory services of the land and air forces) by the President/ Commander-in-Chief for his individual protection that is not prescribed by Parliament.

3 RELIEFS SOUGHT 4.1 A declaration that the reshuffle and/or promotion of officers of the Uganda Peoples Defence Forces (UPDF) viz, Lt. Gen Edward Katumba Wamala, Lt. Gen. Kale Kayihura, Maj. Gen. Charles Angina, Maj. Gen. Fred Mugisha, Brig. Wilson Mbadi, Brig. David Muhoozi, Brig. Samuel Turyagyenda, Brig. Garvas Mugenyi, Brig. Leopold Kyanda, Col. Emmanuel Kanyesigye, Col. Joseph Ssemwanga, Col. Augustine Kyazze, Col. Francis Chemonges, Col. Deus Sande, Col. Charles Lutaya and Lt. Col. James Birungi on the ......... May, 2013 by the President/Commander-in-Chief (CIC) without the involvement and participation of the Commission Board is contrary to the UPDF Act 7 of 2005 and inconsistent with and an infringement of Articles 6(c) and (d), 7(2) and 8(1) of the Treaty for Establishment of the East African Community (Treaty) as amended (hereinafter called the Treaty). A declaration that the removal, discharge and/or dismissal of the Chief of Defence Forces (CDF) viz General Aronda Nyakairima from the UPDF by the President/CIC by way of appointment to a political office of Minister of Internal Affairs is contrary to the UPDF Act, 7 of 2005 and inconsistent with and an infringement of Articles 6, 7(2), 8(1)(c) and 27(1) of the Treaty A declaration that the establishment of SFC as a service of the UPDF alongside the land and air forces is contrary to Article 208(4) of the Constitution of the Republic of Uganda and inconsistent with and an infringement of Articles 6, 7(2), 8(1)(c) and 27(1) of the Treaty A declaration that the usurpation by the President/CIC of mandate, duties and obligations of the various organs of DFC, HC, CB and UPB is contrary to the UPDF Act 7 inconsistent with and an infringement of 6, 7(2), 8(1)(c) the Treaty the statutory the UPDF viz of 2005 and and 27(1) of

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An order enforcing and directing immediate compliance with the Treaty and/or performing the state obligations and commitments of the Government of Uganda under the Treaty by reversing all acts done in contravention of the UPDF Act 7 of 2005 and inconsistent with the Treaty as hereunder:

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Demoting all officers promoted by the Commander-in-Chief contrary to the UPDF Act 7 of 2005; Recalling Gen. Aronda Nyakairima and Lt. Gen. Ivan Koreta to the Defence Forces. Disbanding the SFC as a service of the UPDF. Streamlining the hierarchy, composition and functioning of the organs and structures of the UPDF in performing their statutory mandate vis a vis the Commander in Chief/President.

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Cost of this Reference be paid by the respondent.

DATED at Kampala this ................ day of ........................., 2013.

_________________________________ COUNSEL FOR THE APPLICANTS

LODGED in the Registry on the .................. day of ..................................., 2013.

________________________ REGISTRAR Presented for filing of ................, 2013. at the Registry at Kampala this ............. day

_______________________ REGISTRY CLERK To be served upon: The Attorney General of the Republic of Uganda Attorney Generals Chambers Plot 1 Parliament Avenue 8

KAMPALA DRAWN & FILED BY: NYANZI, KIBONEKA & MBABAZI ADVOCATES PLOT 103 BUGANDA ROAD P.O. BOX 7699 KAMPALA.