Museveni Warns EACJ Judges: Don't Block Development Projects

• President Museveni urged East African Court of Justice judges to avoid injunctions delaying infrastructure projects.
• He argued that judicial decisions should not impede economic development or regional integration, citing "minor procedural issues."
• Museveni criticized judges for "ideological disorientation," suggesting they sometimes misapply European jurisprudence to African realities.
• He emphasized the EACJ's role in facilitating trade, protecting investments, and resolving commercial disputes to foster a larger East African market.
• The President's remarks coincide with the launch of the EACJ's Strategic Plan for 2026/2027-2031/2032, which includes expanding its jurisdiction to cover trade, investment, and monetary matters.

He firmly asserted that the law should not be viewed as a 'suicide pact,' but rather as a dynamic tool for progress.

President Yoweri Museveni has issued a direct challenge to judges across East Africa, urging them to refrain from issuing court orders that could impede government infrastructure projects. Speaking at the 25th anniversary celebrations of the East African Court of Justice (EACJ) in Arusha, Tanzania, President Museveni conveyed his message through First Deputy Prime Minister and Minister for East African Community Affairs, Rebecca Kadaga. His central argument was that judicial decisions must not obstruct economic development or the broader goal of regional integration.

President Museveni expressed concern that courts risk undermining the interests of ordinary citizens when they impose injunctions that halt significant investments in vital areas such as roads, railways, and hydroelectric dams. He characterized the grounds for such delays as often stemming from what he described as minor procedural issues. This stance highlights a tension between legal process and the perceived urgency of economic progress within the East African Community.

In his address, President Museveni articulated a strong critique of judicial actions that he believes hinder development. He famously stated that "Justice that delays infrastructure, justice that protects smugglers, or justice that frustrates regional integration is not justice; it is 'okukonesa', it is mis-cooking our future." He further elaborated on the Luganda term 'okukonesa,' explaining it as the failure to properly manage heat during cooking, resulting in food that is half-cooked and ultimately wasted, thereby illustrating the detrimental consequences of judicial decisions that delay Africa's development.

The President accused certain judges, both within national and regional courts, of what he termed 'ideological disorientation.' He suggested that these judges sometimes adopt European jurisprudence without adequately considering the unique socio-economic realities of developing African societies. Museveni emphasized that the regional court's decisions should be firmly rooted in the strategic interests of the African populace, especially in disputes that threaten investments and projects designed to reduce the cost of doing business across the region.

President Museveni questioned the fundamental rationale behind establishing the East African Court of Justice if its function were to become a platform for protracted litigation that obstructs the implementation of agreements reached by East African Community (EAC) partner states. He underscored that the EACJ was created to serve as the guardian of the Treaty, ensuring that commitments such as the removal of non-tariff barriers, the establishment of a Customs Union, and the creation of a Common Market are upheld without obstruction from 'parochial officials or greedy middlemen.'

He argued that a key measure of the court's effectiveness should be its tangible contribution to facilitating trade, safeguarding investments, and efficiently resolving commercial disputes throughout the region. To illustrate the need for a larger, integrated market, he cited the example of manufacturers in Jinja and farmers in Masaka, whose production often exceeds the capacity of Uganda's domestic market. Museveni highlighted the expansion of the EAC from its initial three founding states to eight, now encompassing a combined population of over 350 million people, as a significant opportunity to foster industrialization and economic prosperity, drawing parallels with the growth models of large, integrated economies like the United States, China, and India.

President Museveni also cautioned that uncertainty and delays in resolving commercial disputes could deter investors from committing capital to the region. This, he warned, ultimately impacts employment opportunities, particularly for the youth. He starkly stated, "Without predictable, fast, and fair commercial justice, investors get frustrated, capital runs away, and our youth end up drowning in the Mediterranean Sea looking for jobs in Europe because we have choked our own money economy."

These remarks come at a pivotal time, as the EACJ's Strategic Plan for 2026/2027-2031/2032, which includes expanding its jurisdiction to encompass trade, investment, and monetary matters, has been launched. President Museveni urged the court to align its jurisprudence with Africa's socio-economic priorities, emphasizing that the law should serve as an instrument of social transformation and economic liberation. He firmly asserted that the law should not be viewed as a 'suicide pact,' but rather as a dynamic tool for progress.

Lawyers advising on large-scale infrastructure or investment projects within the East African Community should note President Museveni's strong stance against judicial injunctions that delay economic development. This political pressure may influence judicial interpretation and the likelihood of successful challenges to government projects, requiring a re-evaluation of litigation strategies concerning such matters. Compliance officers should also be aware of the push for a more trade- and investment-friendly legal environment, particularly with the potential expansion of the EACJ's jurisdiction.

Source: Original reporting via regional news.