EAC/EAST AFRICAN COUNTRIES URGED TO HARMONIZE THEIR JUDICIAL SYSTEMS

By Sukhdev Chhatbar

ARUSHA 25 February 2002 (Internews) Barnabas Samatta, Tanzanian Chief
Justice, has urged the three East African Community members Kenya, Uganda
and Tanzania to harmonize their administration of justice because they share
a common legal heritage. The EA countries were once British colonies.

Addressing members of the executive council of the East African Magistrates
and Judges Association (EAMJA) in Arusha on Saturday, Samatta stated: "It is
not unrealistic to expect that one day the co-operation in the judicial
sphere in our region will be as strong as it was before the collapse of the
EAC in 1977."

Samatta said EA countries have several areas of law in common, in which they
could exchange information, ideas and experience. He stated that the
"fundamental pillars on which the national constitutions in the region rest
are similar and share a common legal heritage."

"The foundation on which the East African co-operation can stand is now in
place," Samatta told the meeting, adding that all that remains is for an
East African judicial system to be realized. Presidents Daniel arap Moi of
Kenya, Yoweri Museveni of Uganda and Benjamin Mkapa pf Tanzania formally
signed a Treaty re-establishing the EAC in Arusha in January 2000.

The people of East Africa, Samatta said, are looking to the judiciaries to
protect and ensure their rights and freedoms. "It is not an easy task, but
it is one which those constitutional bodies must discharge if the basic
rights and freedom are to be protected."

"When a constitution lays down clear principles on human rights and
freedoms, judges should be bold enough to uphold those values," he
counseled.

Judge Josephat Mackanja, President of the Magistrates and Judges Association
of Tanzania, said East Africans are entitled to the delivery of fast and
untainted justice. "The people we serve look to our courts for justice. They
count on the fairness of our courts; they deserve the best justice we are
required to deliver to them," he said in his opening remarks.

The original EAC collapsed in 1977 mainly because of political and economic
differences between the member states.

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