Published on 27/09/2024
The East African Court of Justice (EACJ) First Instance Division heard applications arising from Case filed by the Democratic Republic of Congo (DRC) against the Republc of Rwanda over alleged conflicts in North Kivu Region.
The DRC accuses Rwanda of acts of aggression that allegedly violate its sovereignty, territorial integrity, political stability, and independence. The DRC argues that Rwanda’s actions have led to significant human rights violations in the North Kivu region.
In Consolidated Application No. 4 & 5 of 2024 (Arising from Reference No. 33 of 2023), the Attorney General of the Republic of Rwanda vs. The Democratic Republic of Congo (DRC), the Attorney General of Rwanda challenges DRC over documents that were filed in Court that had not been translated from French into English, which is the official language of the East African Community (EAC).
The Attorney General of Rwanda seeks a court order to strike out the case without leave for amendments. These Applications are filed to court under Article 46 of the Treaty for the Establishment of the EAC & 31 of the Vienna Convention on the Law of Treaties of 1969 and Rule 4, 11(1) (7), 46, 52(1) (4) and 47(1) (2) of the East African Court of Justice Rules of Procedure 2019.
Whereas Applications 15 and 16 of 2024 (Arising from Reference No. 33 of 2023) The Minister of Justice of the Democratic Republic of Congo (DRC) V. The Attorney General of the Republic of Rwanda, the government of the Democratic Republic of Congo, seek a court order granting leave to file translated documents into English and additional evidence in the main case (Reference No. 33 of 2023 and Application No. 13 of 2023 arising from the Reference). The two applications were filed under Rule: 4, 11(1) (7), 46, 52(1) (4) and 47(1) (2) of the East African Court of Justice Rules of Procedure 2019.
The Attorney General of Rwanda also raised a preliminary objection regarding jurisdiction, arguing that the disputed conflicts occurred many years ago before Congo joined the EAC, and therefore, the court lacks jurisdiction to hear the case. However, DRC opposed the argument and contended that the Court has jurisdiction to hear the matter because the actions being complained about occurred after DRC had joined the Community.
The State Attorney representing the Attorney General of Rwanda, Counsel Nicholas Ntarugera, submitted arguments in Applications No. 4 and 5. He informed the Court that, under Article 46 of the Treaty, English is the official language of the Community. Therefore, all documents filed by the Respondent (DRC) should have been translated into English and accompanied by a certificate of translation. Counsel Ntarugera consequently requested that the Court strike out the case.
Representing the DRC Minister of Justice, Advocates Emily Osiemo and Harrison argued that the primary documents had been translated into English. They urged the Court, in the interest of justice and in line with Article 23, which outlines the role of the Court, to dismiss the two Applications seeking to strike out the case. They further requested that the Court allow the DRC to file translated documents and submit new evidence in the case.
The DRC’s legal team admitted that Ordinance No. 23/030 of March 23, 2023, and some pages of the United Nations reports annexed to the supporting affidavits had not been translated, explaining that the delay in providing the documents was regrettable but unintentional.
Representing the Attorney General of Rwanda, Principal State Attorney Mr. Emilie Ntwari objected to Applications No. 15 and 16, requesting that the Court grant Rwanda sufficient time to review the new evidence the DRC intended to file.
The Court heard submissions from both parties and will deliver its ruling in due course.
This case is the first to be brought before the East African Court of Justice (EACJ) between Partner States under Article 28 of the Treaty for the Establishment of the East African Community.
Present in court was the Vice Minister of Justice and International Litigation of the DRC, Mr. Samuel Mbemba, who was accompanied by a large delegation, including Counsel Ivon Mingashang and Zebedde Elisha Ongoya, both representing the DRC.
The session was presided over by a bench of three judges from the First Instance Division who include, Hon. Justice Yohane Masara, the Principal Judge, Hon. Justice Richard Muhumuza, and Hon. Justice Kayembe Ignace Rene Kasanda.
