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Sudan Tribune

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Ugandan traders to file injunction against S. Sudan in East Africa court

November 19, 2013 (KAMPALA)- A group of Ugandan traders opposed to South Sudan’s entry into the East African Community (EAC) plan to file an injunction in the East African Court of Justice to prevent discussions on the young nation’s entry into the bloc from going ahead.

Earlier this month, the Uganda Traders’ Association of South Sudan (UTASS) took five members of the EAC to court in a bid to block South Sudan’s entry, saying the country does not meet the requirements to be a member of the community.

EAC DISCUSSIONS PLANNED

Despite the case before the East African Court of Justice, discussions are scheduled to take place later this month.

The Ugandan traders say they want the discussions put on hold until the case before the EAC court is resolved.

“All we are saying is that we have a case against South Sudan. And this case is ongoing. So we are saying ‘stop the discussion on South Sudan until the case is disposed of’”, the chairman of UTASS, Patrick Walusimbi, said in an interview with Sudan Tribune on Tuesday.

“We are filing an injunction next week. By Monday or Tuesday our lawyer will be in Arusha, Tanzania”, Walusimbi said.

The EAC is a regional intergovernmental organisation with headquarters in Arusha, Tanzania. The body comprises of Tanzania, Rwanda, Burundi, Kenya and Uganda.

South Sudan applied to join the community shortly after attaining independence from Sudan in July 2011.

The East African Treaty requires that members accept the “adhere to good governance, democracy, rule of law and respect for human rights; and establishment and maintenance of a market driven economy” as preconditions for joining the community.

The Ugandan traders say South Sudan does not meet the requirements for admission because of its human rights record and poor treatment of foreigners, particularly Ugandan traders operating in the country.

The EAC provides a potential market of 140 million to its members – a ready market for South Sudan’s oil, providing possible benefits such as access to regional infrastructure, including roads, railway lines, ports and a possible joint pipeline now that both Uganda and Kenya have discovered commercially viable oil. Analysts say South Sudan’s oil could also be vital for the bloc if the country is admitted.

TANZANIANS FACE COURT

But opposition to South Sudan’s entry into the community is not the only challenge the EAC is facing. Tanzania has accused Uganda, Kenya and Rwanda of sidelining it.

Three Tanzanians have also filed a case against Kenya, Uganda, Rwanda and the EAC’s secretary- general in the East African Court of Justice.

The Tanzanians accuse the four of violating the East African treaty – the law the community is founded upon – by holding three meetings without involving Tanzania and Burundi.

The Tanzanians say the meetings took place in Entebbe from 24-25 June, with another in Mombasa on 28 August, and most recently the infrastructural summit held on 28 October in Rwandan capital Kigali.

(ST)

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