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KONRAD ADENAUER FOUNDATION

RULE OF LAW PROGRAM FOR SUB-SAHARAN AFRICA

SUMMARY REPORT OF THE STAKEHOLDERS’ CONFERENCE ON RULE OF LAW IN SUB-SAHARAN AFRICA, HELD AT TAMARIND VILLAGE, MOMBASA, KENYA OCTOBER 10TH – 14TH, 2006

1. OPENING SESSION

Preliminary conference proceedings that included formal introductions by all participants and brief welcoming remarks were conducted and done by Mr. Wolfgang Ahner-Toennis, Konrad Adenauer Foundation (KAF) Country Representative to Kenya. He then invited Hon. Martha Karua, Minister of Justice and Constitutional Affairs of the Republic of Kenya to officially open the conference.

In her keynote address, Hon. Karua reiterated that equality before the law forms the central pillar of the concept of the rule of law. She observed that the changing nature of modern governance requires constant dialogue at all levels to ensure that the ideals of rule of law are safeguarded at all times.

She further observed that rule of law was under threat in most sub-Saharan African countries because democratization had not been fully achieved or consolidated in the region. Many of the countries are just beginning to recover from many years of authoritarian rule by military or single party regimes, and therefore the institutions that would guarantee rule of law in these countries are weak and susceptible to abuse. However, she was optimistic of the future due to the emerging multi-party regimes in the region albeit with limited resources, poor and illiterate populace and a detached cadre of professionals which has to some extent hampered the progress.

She decried that a culture of impunity and human rights abuses had pervaded governance structures and institutions in Africa. She noted that key institutions such as the Judiciary, the investigation and prosecution agencies - the police and the Attorney General’s office, which would ordinarily be the pillars of the rule of law, suffer from lack of capacity, poor policies and inefficiencies, thereby compromising the quality of service and making access to justice difficult for the majority of the citizens.

She called for the re-structuring of the relationship among governance institutions, as well as enhancement of their capacities so as to provide effective checks and balances hence an enabling environment for the rule of law to prevail. She underscored the importance of the judicial arm of government in safeguarding democracy, rule of law and promotion of constitutionalism and called for its strengthening in the region.

She called for greater democratization and practice of the values of constitutionalism in order to institutionalize the rule of law in the region. She said this requires effective separation of powers, an effective and independent judiciary and effective laws and policies on human rights which must be founded on a solid, modern and progressive Constitution.

Contributing to the minister’s remarks, participants underscored that importance of access to information if the rule of law is to thrive because bad governance and corruption thrive in secrecy. The minister informed the participants that the NARC regime was trying to make this a reality in Kenya.

Further, participants were cautious about granting amnesty to corrupt individuals as was being proposed in Kenya. The minister clarified that this was just one of the ways of ensuring that public resources that were illegally acquired by individuals are returned to the public. She said even if implemented, it shall not assume blanket application.

2. SESSION 1

a)The Role Of a Member Of Parliament In Safeguarding The Rule Of Law in Africa by Hon. Kiraitu Murungi, Member of Parliament and Former Minister of Justice, Kenya

Hon. Murungi stated that Parliamentarians play a critical role in promoting and safeguarding the rule of law through their policy, law making, budgetary and representation functions. However, he observed that there were numerous practical difficulties and challenges that MPs face in their efforts to promote democracy and the rule of law in Africa.

He noted that an MP’s action or inaction is more often determined by the local conditions prevailing in a particular country or locality. Thus where there is political turmoil, armed conflicts and violence as is the case in some countries in the region, issues of political stability, peace and security tend to take prominence at the expense of all other issues such as the rule of law, separation of powers and independence of the judiciary.

He noted that many African Parliamentarians largely continue to play their historical role of letting off steam and venting popular anger and discontent on local issues and have transformed multi-party parliaments into arenas of politics of rowdiness, personal insults, wild allegations, shouting matches, brawls and disorderly conduct rather than a serious institution that safeguards the rule of law.

He further observed that in the area of policy making to safeguard the rule of law, most parliaments in the region are reactive rather than proactive. In general, parliamentarians in the region lack necessary capacity for effecting adequate rule of law reforms. Non existent or ill-equipped offices, lack of research assistants, and excessive constituency demands make MPs more of spectators in the policy making processes.

Hon. Murungi lamented that all over the world, there is a general mistrust of politicians. More often MPs are generally dismissed as liars and unprincipled hypocrites who merely use the rhetoric of public interest to line their own pockets and to advance their own selfish personal interests. This has often led to other sectors of the society to sideline MPs as the genuine advocates of the rule of law hence undermining their efforts and impact.

He noted that contradictions of transition politics force progressive forces to negotiate electoral pacts with the conservative political elite who have served in the previous authoritarian regimes. These bargains, struck between the political elite solely for electoral victory, involve painful trade-offs, and have a blunting effect to democratic reform and the rule of law.

He pointed out that African MPs are often imprisoned in their various ethnic universes, which more often determines their political affiliation and behaviour. Thus MPs think as members of certain clan or tribe first, and then loyalty to the modern state and its processes of governance come second. This has considerably undermined the rule of law and democratic governance.

Hon. Murungi observed that corruption which has been identified as the root cause of bad governance in Africa is deeply entrenched in Africa's political processes. In its aggravated forms invisible power brokers can "capture" legal institutions of the state, including parliament and the courts and use them to perpetrate or cover up large scale fraud, looting of public resources and other abuses of the law. Africa's multiparty elections, with undeveloped political parties, and personalized cash driven politics have greatly expanded the bribery market. Every national election is usually accompanied by major financial scandals. The MP’s fight against corruption is characterized by politics of deception and hypocrisy.

He concluded by stating that although Africa's multi-party MPs have become more confident and more assertive, they still largely operate under the legal and constitutional frameworks of the one party state. Despite their trappings of power, ultimate power still resides in the executive. Tensions between the emerging democracies and the old constitutional structures have occasioned many attempts at constitutional reforms over the last decade. Deep divisions, antagonism and pursuit of narrow selfish interests by MPs have made it difficult for them to implement comprehensive constitutional reforms which could entrench democracy and rule of law, and fundamentally transform Africa's societies.

At the plenary, participants stated that the concept of the rule of law should not be treated as a colonial or western world concept. They observed that many African leaders had adopted this school of thought and as a result, have governed in total disregard of the principles of the rule of law.

b)The Role of the Judiciary in Safeguarding the Rule of Law in Africa by Justice George Kanyeihamba, Judge, Supreme Court of Uganda and African Court on Human and Peoples’ Rights

In order to effectively define the role of the judiciary in safeguarding the rule of law, Justice Kanyeihmba began by defining what he best understands the concept of the rule of law to mean. His own view of the concept of the rule of law is that, it is not a “rule” in the sense that it binds anyone, but merely a collection of precepts, principles and ideas propagated by constitutionalists for free and democratic societies to guide law-makers, administrators, judges and law-enforcement agents. Thus in his opinion, the concepts of the rule of law go far beyond what is constitutional or legal and may embrace wider fields involving the exercise of discretion and judgment of political, economic or social intercourse.

With this background, Justice Kanyeihamba stated that the primary importance of the rule of law is the moral support it gives to the courts when settling disputes between seemingly defenceless citizens and the mighty bureaucracy of government. Thus the courts invoke the rule of law to question and invalidate arbitrary actions of government.

Justice Kanyeihamba noted that the doctrine of separation of powers and the concept of the rule of law are closely intertwined and that it is difficult to talk about one and leave out the other. He stated that both are geared towards the protection of the rights of the individual and the preservation of political liberty, which protection and liberty can only be found in societies where there is no abuse of powers. Further, both provide guidelines for a just and well-ordered society.

In carrying out its role of safeguarding the rule of law, Justice Kanyeihamba noted that the courts and individual judicial officers have often born the brunt of losing litigants, both from ordinary citizens on the streets to the mighty government machinery. This, he observed, has greatly hampered the effectiveness of the courts in safeguarding the rule of law in Africa. However, he lauded most judiciaries in Africa especially Uganda, where judicial officers have been courageous and decided cases impartially based on the provisions of the law and principle of fairness. He cited numerous examples in support of this assertion.

He concluded that courts play a special role in society as ‘stabilisers’ and only come into play when governance creates strife, dissention and infringes norms of constitutionalism, legality and breakdown in constitutionalism, law and order and the disregard of the rule of law.

Justice Kanyeihamba also made a brief presentation on the newly established African Court on Human and People’s Rights where he sits as one of the 11 judges.

Based on past experiences, some participants expressed fears about the success and impact of the African Court on Human and Peoples’ Rights especially as far as allocation of adequate resources and political will are concerned.

Participants proposed that courts need to be more open and accountable to the public if they are to be effective and relevant to the masses. In this regard, there is greater need for public awareness campaigns to remedy the situation.

Other areas that must be addressed to enhance the role of the judiciary in safeguarding the rule of law in Africa were cited as

•Adequate allocation of resources to the judiciary (financial autonomy)

•Training for judicial officers

•Independent and strong Judicial Service Commissions

•Improvement and harmonisation of terms and conditions of all judicial officers

3. SESSION 2

a)The Executive and the Rule of Law in Africa by Mr. Alex Mgongolwa, Advocate, Tanzania

To demonstrate in general terms how the executive arm of government has related with the concept of the rule of law in Africa, Mr Mgongolwa narrowed his presentation to his native country, Tanzania.

He stated that in the Tanzanian context, the rule of law has great linkage with the Bill of Rights for two basic reasons namely,

•during independence the government rejected the inclusion of a Bill of Rights in the Constitution.

•in the absence of Constitutional Safeguards that were negated by the exclusion of the Bill of Rights in the Constitutions the State in Tanzania under the one party system went on to create a very powerful and centralized government authority which was capable of enforcing its will invariably illegally at the detriment of both individual and community rights in obvious negation of the Rule of Law.

This trend began to reverse in 1984 when the Bill of Rights was, for the first time, inserted in the Constitution. Other subsequent measures to improve the rule of law in Tanzania included the reintroduction of multi-party politics and the attempt to cut down to size the enormous powers vested in the office of the president.

Mr. Mgongolwa noted that the relevance of the Bill of Rights cannot be over-emphasized because it sets up a legal basis upon which citizens can pursue their rights against abuse by the executive. The absence of such formal guarantee in the constitution more often leaves the door wide open for the executive to accumulate in itself enormous powers whose exercise the courts may be rendered powerless to check.

Mr. Mgongolwa stated that in Tanzania, like is the case in many African countries, the executive is seen as the prime violator of peoples’ rights and has over the years devised ways and means of ensuring that their actions are not successfully questioned in courts of law. For example, on several occasions the executive has circumvented court decisions through legislative action and sometimes harassed judicial officers or interfered with their judgments especially in cases involving policy matters.

Participants underscored that access to justice is regarded as one of the most important rights a person is entitled to enjoy in any democratic society. Therefore, the executive arm of government plays an important role in its promotion by the kind of policies it formulates and the resources it allocates towards it.

Participants also noted that most of the negative actions taken by the executive arm of government in most African countries that have had negative effect on the rule of law are more often driven by greed for power and wealth, lack of morals and integrity. Therefore, they called on the public to be vigilant and to use their electoral power to elect people of integrity that will serve their interests.

b)Impunity and Ravages of Corruption in Africa by Chief Maina Kiai, Chairman, Kenya National Commission on Human Rights

Chief Kiai observed that impunity and corruption are directly proportional and interlinked. He noted that the more impunity there is at the top, the more grand corruption there is in a society. This kills off purpose in the public service, and public institutions stagnate sending a message throughout society that law and fairness are not as important as politics and being “connected.”

He further observed that impunity kills civic spirit in society to pay taxes or obey the law. Ordinary citizens can sacrifice immediate advantages for the longer term common good only if they believe that all fellow citizens will as well. They also sacrifice if they have hope that the future will be different and better. Impunity breeds a culture of ill-discipline and kills hope, such that it becomes every person for himself. This means, for example:

•That if in public office, one is expected to unjustly enrich himself from public resources, and live the good life from taxpayer resources; or

•That holding a public office is license to employ all your jobless relatives and kinsmen; or

•That money becomes the “god of all” immunizing you against the rule of law, justice, equity and everything; or

•That in practice, two sets of law: one for the rich and another more punitive one for the wretched emerge.

More saddening reality is that impunity breeds conflict as has been evident in Africa. Most of the civil wars, ethnic violence and nationalist bloodletting in Africa have one thing in common. They all emerge as a result of frustration because impunity for the ruling elite discriminates and marginalizes majority of the citizens who then resolve to the use of violent methods to get even.

Glaring revelation in Africa is that most of the worst dictators being accused of crimes against humanity, are all incredibly wealthy which brings to the fore the link between corruption, impunity and human rights violations.

Chief Kiai defined corruption as a violation of human rights, as it loots the state and therefore the people loose money for infrastructure, education, health care systems and other key services that sustain their livelihood.

He then proceeded to give a prescription of how corruption should never be fought as,

•There should never be Selective Accountability: All persons mighty and meek must be held accountable for their actions.

•Corruption should not be used as a “hammer” against critics.

•There should be mechanisms for Recovery of Assets because Prosecution of offenders and jail terms alone will never be enough.

Chief Kiai observed that efforts to provide amnesty for corruption send a message of impunity to the political class that is inevitably linked to grand corruption. And to those “waiting their turn to eat,” they too sit pretty knowing that they will get away with it when they take power. This must therefore be discouraged.

He called for enhanced access to information by legal regimes; protection of whistle blowers; and provision of efficient services to the poor, recognition of those not corrupt, declaration of wealth (accessible by the public) as well as reduction of bureaucracy in government offices as some of the ways of effectively fighting corruption. Further, he stressed the need to educate the public about corruption and its effects.

Courts (judiciary, prosecutors, supporting and allied actors) are conceived as an instrument to harmonize social relations. They must therefore be like Caesar’s wife, and be beyond reproach, carrying out their duties and functions with impartiality remembering that their employer is not the government, but the people. Suggestions for amnesty imply that the entire judicial system, from investigations, prosecution and adjudication, is superfluous or ineffective. Amnesty exposes a weak, inefficient regime, incapable of maintaining discipline in its ranks and must therefore be discouraged.

4. SESSION 3

a)The Rule of Law as a Prerequiste to Democracy and Development by Mr. Erhard Hackler, Attorney, Germany

Mr. Hackler began by stating that the U.S. Supreme Court has ruled that "a legislative act contrary to the Constitution is not law". He then stated that the Race Laws and the Empowerment Act of the Third Reich are examples of how positive law can be abused to legitimise even the most grievous human rights violations as well as abolishing key principles such as the separation of powers.

Against this background and in order to curb against such occurrences, Article 20 (3) of the Constitution (Basic Law) of Germany expressly states that:

"The legislature shall be bound by the constitutional order, the executive and the judiciary by statute and law."

He pointed out that democracy and development in various sectors thrive in a society where the rule of law is upheld and there are effective checks and balances. In such a society people’s rights are guaranteed and protected breeding ground for social, political, legal and economic growth. It also ensures that national resources are distributed equitably and all citizens are granted equal opportunities to develop themselves.

In this regard, power must be limited by the rule of law and separated to curb against abuse. The freedom to form parities, the freedom to form an effective opposition and a public opinion derived from many sources are elements which enable a political co-development of society and are supposed to provide checks and balances for the power holders.

In Germany, within the scope of constitutional requirements and on the basis of applicable law, the courts ensure that all citizens, the companies, and public administrations have room for development and are simultaneously demarcated from each other. Hence the privatisation of local authority or state-run companies is unthinkable without a modern law system that is oriented towards the continued development of the social market economy.

Mr. Bossen informed the participants that a study had been conducted recently which showed a strong connection between rule of law and economic development. Most of the economically sound countries had effective mechanisms of safeguarding the rule of law and vice versa. He stated that the German “Economic wonder” after the Second World War, would not have been possible without an effective implementation of the rule of law.

b)The Role of the Media and Civil Society in Upholding the Rule of Law in Africa: Successes and Challenges by Joachim Buwembo, Managing Editor, The Monitor Newspaper, Uganda

Mr. Buwembo observed that many national Chief Executives in Africa are not very keen on protecting the rule of law. Many have torn up the basic law – the Constitution – which they swore to preserve and protect while ascending to office, and replaced it with one that suits their selfish needs. This culture of undermining the rule of law starts with defiling the law itself and is done right in the cradle, where the laws are made. He further observed that unlike in the older democracies, many African presidents seek to stuff the parliament with their personal cadres whose main business in the House is to secure the interests of the sitting president.

Mr. Buwembo stated that the media and the civil society must always be vigilant in its pursuit of ensuring that the rule of law is safeguarded. He cited Kenya as an example where the civil society and media relaxed their vigilance once the NARC regime was elected and the effects have been negative. The big lesson here is that even as people elect a popular government, they must immediately and always start examining its adherence to the principles of justice and the law.

The media and the civil society must therefore continue with their watchdog role and point out any ills being committed by the government which undermine the rule of law. They too can contribute by sensitizing and educating the public on the concept of the rule of law. They should also lobby and advocate for enactment of ‘just’ laws which must be upheld by all citizens at all times.

Lack of concerted efforts between the media and the civil society, lack of focus, lack of resources and poor sustainability mechanisms, harassment and intimidation as well as use of repressive laws were cited as some of the hindrances and challenges that affect the effectiveness of the media and civil society in safeguarding the rule of law in Africa. The need for special training for media practitioners in this area of rule of law was also underscored.

5. CONFERENCE RECOMMENDATIONS

I.Participants suggested that for all future conferences, other than inviting new people, the organisers of the conference (KAF) should use such fora to blend participants from its past conferences (i.e. from the 3 conferences this year) for consistence purposes.

II.There is need to harmonise similar efforts that exist across the continent to avoid duplication as well as ensure maximum impact.

III.There was a suggestion that KAF publishes a magazine/newsletter on each of the conferences that it holds. This will help in disseminating information on the subject across Africa. Mr Bossen informed the participants that the program was thinking of publishing an annual report (Yearbook) on the state of the rule of law in Africa, in which some of the conference papers could be published. In this regard, participants were encouraged to write reports and commentaries on various aspects of the rule of law in their jurisdictions or regions and pass them to KAF for consideration. Court decisions that have a bearing on the rule of law are also welcome.

IV.There is need to establish benchmarks that will help in monitoring and evaluation of the progress made in safeguarding the rule of law in the continent.

6. CONFERENCE RESOLUTION

Reaffirming that the rule of law is key to democracy and development, AND THAT an independent judiciary is key to the attainment of the rule of law in any democratic state,

Recognising that rule of law only prevails where,

I.the government itself is bound by the law

II.every person in society is treated equally under the law,

III.the human dignity of each individual is recognized and protected by law, and

IV.justice is accessible to all.

Acknowledging that rule of law thrives where there is separation of powers and effective ‘checks and balances’ among the three arms of government,

Noting that all sectors of society have a role in safeguarding and upholding the rule of law,

Regretting that the rule of law is generally weak in the Sub-Saharan Africa, and that the culture of impunity and corruption are deeply rooted in this region,

WE NOW RESOLVE,

To form a strong network in the region that will work towards the harmonisation of laws and policies at national and regional level that impact directly on the rule of law.

Through in-depth research, exchange of views among all key players and active role in fighting impunity and corruption at all levels to work towards drafting and implementation of basic Pan-African Principles and Best Practice model as relates to the fight against the two vices in Africa.

To work closely with the African Union and the Pan-African Parliament to ensure that there is harmonization of policies, laws and practices as regards the rule of law in Africa.

.

To promote and lobby for the independence of the judiciary in their respective countries and the region as a whole,

To form a working committee comprising of participants from all the three conferences, namely Nanyuki, Mombasa and Cape Town to formulate clear intervention strategies that will include but not limited to in-depth research, exchange of views among all key players and contribute towards the finalisation of basic Pan-African Principles and Best Practice model as relates to the independence of the judiciary and the state of the rule of law in Africa.

Volunteer committee members from the Mombasa conference are Hon. Justice I.J.Mtambo (Malawi), Hon. Esther Mcheka-Chilenje (Malawi), Hon. Justice Jean Luc Kibuka (Rwanda), Ms Monica Mbaru (Kenya) and Mr. Jan Hofmeyr (South Africa).

7. LIST OF DELEGATES

Hon. Martha Karua, Minister for Justice & Constitutional Affairs, Republic of Kenya, P.O. Box 56057, Nairobi 00100, KENYA, Telephone +254 20 224055; 224125; 342787, Fax +254 20 316321

Justice W.S. Deverell, Appellate Judge, Court of Appeal of Kenya, P.O. Box 30041, Nairobi, KENYA, Telephone +254 20 221221; Fax +254 20 318172

Lady Justice Mary Ang’awa, Judge, High Court of Kenya, Nairobi, P.O. Box 30041, Nairobi, KENYA, Telephone +254 20 221221; Fax +254 20 318172, E-Mail: mary_angawa@yahoo.com

Justice J.K. Sergon, Judge, High Court of Kenya, Mombasa, P.O. Box 90410, Mombasa, KENYA, Telephone (Mobile) +254 722 654600, E-Mail: sergonj@wananchi.com

Justice G.M.A. Dulu, Judge, High Court of Kenya, Nairobi, P.O. Box 30041, Nairobi, KENYA, Telephone +254 20 221221; Fax +254 20 318172

Ms. Dorothy Angote, Permanent Secretary, Ministry of Justice and Constitutional Affairs, P.O. Box 56057, Nairobi 00100, KENYA, Telephone +254 20 224055; 224125; 342787, Fax +254 20 316321, E-Mail: ps-justice@africaonline.co.ke

Mr. Kamotho Waiganjo, Council Member, Law Society of Kenya and Chairman, Legal Aid Centre, P.O. Box 10176, Nairobi 00100, KENYA,

Telephone +254 20 250544; 250554, Fax +254 20 250608, E-Mail:

kamotho@kmlaw.co.ke

Ms Roselyn Odede, Law Society of Kenya, P.O. Box 72219, Nairobi 00200, KENYA, E-Mail: roded@africaonline.co.ke

Mr. Tom Ojienda, Chairman, Law Society of Kenya, P.O. Box 72219, Nairobi 00200, KENYA, Telephone +254 727 410888; 051 2213149, Fax +254 51 2215622, E-mail: tomlaw@africaonline.co.ke

Ms Monica Mbaru, Ag. Executive Director, Kenyan Section of the International Commission of Jurists, ICJ Kenya, P.O. Box 59743, Nairobi 00200, Kenya, Telephone +254 20 3875980; 6752614, E-Mail: mmbaru@icj-kenya.org or mbaruus@yahoo.com

Chief Maina Kiai, Chairman, Kenya National Commission on Human Rights, P.O. Box 74359-00200, Nairobi, Telephone: +254 20-2717900/08/28, Fax 020-2716160, E-mail: mkiai@knchr.org

Prof. Kulundu Bitonye, Principal, Kenya School of Law, P.O. BOX 30369, 00100 Nairobi, KENYA, Telephone + 254 20 891539, Mobile: +254 722 202986; Fax +254 20 891722, E-mail: kulundu@ksl.ac.ke

Martin Wanjala Ocholi, Media Consultant, UNESCO and Media Development & Research Trust, P.O. BOX 9594-00100, Nairobi-GPO, Tel.+254 20 2720021, +254 20 2727416, Mobile +254 733 731216, E-mail:

wanjalaocholi@yahoo.com

Hon. Kiraitu Murungi, Member of Parliament, P.O. Box 7889, Nairobi 00200, KENYA, Telephone +254 20 284800 0; 221291, Mobile +254 727 972002; Fax +254 20 243694,

Hon. Emily Ominde, Secretary, Kenya Magistrates & Judges Association, Nakuru Law Courts, P.O. Box 61, Nakuru, KENYA, Telephone (Mobile) +254 722 756410

Ms. Mercy Muthuuri, State Counsel, Personal Assistant to the Minister of Justice, P.O. Box 56057, Nairobi 00100, KENYA, Telephone +254 20 224055; 224125; 342787, Fax +254 20 316321, E-Mail: mercymuthuuri@yahoo.com

Justice George Kanyeihamba, Judge, African Court on Human and Peoples’ Rights and Supreme Court of Uganda, P.O. Box 6679, KAMPALA, UGANDA, Telephone +256 41 270362; Direct – 267301, Fax 273122, E-Mail: gwkany@infocom.co.ug

Justice A.N. Karokora, Judge Supreme Court of Uganda, P.O. Box 6679, KAMPALA, UGANDA, Telephone +256 41 270362, Fax 273122

Lady Justice Alice E.N. Mpagi-Bahigeine, Judge, Court of Appeal of Uganda,P.O. Box 7085, Kampala, Uganda, Telephone 256-0772-517753, (O)256-041-258420, Fax 230205, E-mail: ampagi@judicature.go.ug

Justice V.T. Zehurikize, Judge, High Court of Uganda, P.O Box 7085, Kampala, UGANDA, Telephone +256 41346908; Fax +256 41 344116

Mr. Joachim Buwembo, Managing Editor, The Monitor Newspaper, P.O. Box 12141, Kampala, UGANDA, Telephone +256 41 232367; Fax 41 232369, E-Mail: jbuwembo@monitor.co.ug

Ms Florence Ochago, Law Reform Commission of Uganda, P.O Box 12149, Kampala, Telephone 256-41-252360: Fax 256-41-254869, E-mail: fochago@yahoo.co.uk

Ms. Alexandra Nkonge, Commissioner, Uganda Law Reform Commission, P.O. Box 12149, Kampala, Telephone 256-41-252360, Fax 256-41-254869, Cell phone 256-41-0772611528, E-mail: ankonge@ulrc.go.ug

Justice Salum A.L. Massati, Judge, High Court of Tanzania, P.O. BOX 12533, DAR ES SALAAM - Tanzania, Telephone General + 255 22 2124375/78;

Direct Line + 255 22 2136460, Mobile: +255 744 660991 or +255 745 777580, Fax +255 22 2124380, E-mail: hcomdiv@comcourt.go.tz

Justice Richard Mziray, Judge, High Court of Tanzania, Tabora, P.O. Box 33, Tabora, Tel +255 755 318679; Fax +255 26 2604371

Mr. Alex Mgongolwa, Advocate, Tanzania,P.O.BOX 75839, DAR-ES-SALAAM,

Telephone +255 22 2138840, Fax +255 22 2138840, E-Mail: palangafu@yahoo.co.uk

Ms Cheggy Mziray, Chief Executive Officer, Tanganyika Law Society, P.O. Box 2148, Dar Es Salaam, Tanzania, Telephone +255 22 2111730 or

Cell +255 784 319026; Fax +255 22 2111721, E-mail: cheggym@tanganyikalawsociety.or.tz or cheggym@yahoo.com

Lady Justice Patricie Mukanyundo, Judge, Supreme Court of Rwanda, P.O. Box 2197, KIGALI - RWANDA, Telephone +250 8463156; Fax +250 582276, E-Mail: mukapatricie@yahoo.fr

Justice Jean Luc Kibuka, Judge, High Court of Rwanda, P.O. Box 828, KIGALI - RWANDA, Telephone +250 8307918; Fax +250 582276, E-Mail: jkibuka@yahoo.fr

Hon. Jean Marie Nduwabike, Member of Parliament, Postal address: 7013 Bujumbura, Burundi, Tel. Mobile: +257 751300, E-Mail: anballack@yahoo.fr

Madame Esperance Niyonemeza, Director of NGOs (Directeur General des ONG), Postal address: 1840 Bujumbura - Burundi, Telephone +257 22 28 61(o); +257 975 263(cell), Fax +257 223970 (cabinet); +257 226313(cabinet), E-mail: niyonemezae@yahoo.fr

Justice I.J. Mtambo, Judge, Supreme Court of Malawi, P.O. Box 30244, Chichiri, Blantyre 3, MALAWI, Telephone +265 8 834 574; Direct Line: +265 1 872 065, Fax +265 1 870213/+265 1 870677, E-Mail: justicemtambo@yahoo.com

Justice F.E. Kapanda, Judge, High Court of Malawi, P.O. Box 30244, Chichiri, Blantyre 3, MALAWI, Telephone +265 877 223 (o), +265 1 870 255, Fax +265 1 870213/+265 1 870677, E-Mail: justicekapanda@yahoo.com or judgef.e.kapanda@justice.com

Hon. Esther Mcheka Chilenje, 1st Deputy Speaker, National Assembly of Malawi,Private Bag B362, Lilongwe 3, MALAWI, Telephone +265 1 773090/774196, E-Mail: emchilenje@yahoo.com

Ms. Rosemary Kanyuka, Attoney General’s Chambers, Ministry of Justice, MALAWI, E-Mail: rosekum@africa-online.net

Mr. Sweeny Chinkango, Journalist, Malawi Television, P/BAG 268, Blantyre, Telephone +265 1 872498 - office, +265 8 871 112 - personal,

Fax +265 872 827, E-Mail: kasweenychinkango@yahoo.com

Justice L.C. Muller, Judge, High Court of Namibia, P.O.Box 3569, WINDHOEK, Namibia, Telephone +264 61 239553(h); +264 61 2921346(w), Fax +264 61 235691(h); +264 61 221686 (w), E-mail: lcmuller@iafrica.com.na

Hon. U.D. Nujoma, Deputy Minister of Justice and Constitutional Development, Private Bag 13248, Windhoek, Namibia, Telephone +264 61 2805111; Fax +264 61 221615, E-Mail: unujoma@moj.gov.na

Ms Toni Hancox, Legal Assistance Centre, P O Box 604, Windhoek, Namibia, Telephone +264 61 223356; Fax +264 61 234953, E-Mail: thancox@lac.org.na

Mr. Immanuel Luanda, Deputy Secretary, Law Reform Commission, Private Bag 13302, Windhoek, Namibia, Telephone +264 61 2805111; Fax +264 61 240064, E-Mail: lawreform@moj.gov.na

Hon. Ms Doreen Sioka, Deputy Speaker of the National Assembly of Namibia, Postal Address: Private Bag 13323, Windhoek, Namibia, Telephone +264 61 2889111; Fax +264 61 256483, E-Mail: n.lizazi@parliament.gov.na

Ms Salone Aucha, Parliament Official, Postal Address: Private Bag 13323, Windhoek, Namibia, Telephone +264 61 2889111; Fax +264 61 256483

Adv. Harald Geier, Vice President, Society of Advocates of Namibia, Postal Address: 214 Windhoek, Namibia, Telephone +264 61 226364; Fax +264 61 221722, E-Mail: advgeier@mweb.com.na

Mrs. Retha Steinmann, Director, Law Society of Namibia,PO BOX 714, WINDHOEK, Namibia, Telephone +264 61 230263; Fax +264 61 230223, E-mail: lawsoc@iafrica.com.na

Hon. Ms Gwendoline L. Mahlangu-Nkabinde, Deputy Speaker of the National Assembly of South Africa, Parliament of South Africa,

P.O. Box 1, Cape Town 8000, South Africa, Telephone +27 21 404 2786,

E-Mail: gmahlangu@parliament.gov.za

Justice Fritz Brand, Judge, Supreme Court of Appeal of South Africa, P.O. Box 258, Bloemfontein 9300, South Africa, Telephone +27 51 433 2596 (H); +27 51 448 4907 (O), Fax +27 51 4332564 (H); +27 51 447 8098 (O), E-Mail: fbrand@justice.gov.za

Prince Mangosuthu Buthelezi, Member of Parliament & Leader of Inkatha Freedom Party, Parliament of South Africa, P.O. Box 1, Cape Town 8000, South Africa, Telephone +27 21 403 2911, E-Mail: jcayzer@ifp.co.za

Hon. Paul Swart, Member of Parliament, Democratic Alliance, Parliament of South Africa, P.O. Box 1, Cape Town 8000, South Africa, Telephone +27 21 403 3512, E-Mail: psswart@lantic.net

Hon. Jonas Sibanyoni, Member of Parliament, ANC, Parliament of South Africa, P.O. Box 1, Cape Town 8000, South Africa, Telephone +27 21 403 3656, E-Mail: jbsibanyoni@parliament.gov.za

Mr. Tseliso Thipanyane, Deputy Chief Executive Officer, South African Human Rights Commission, Private Bag 2700, Houghton 2041 SOUTH AFRICA,

Tel. +27 11 484 8300 or +27 83 305 2693; Fax +27 11 484 0582, E-Mail: tthipanyane@sahrc.org.za

Mr. Jan Hofmeyr, Political Analyst, Institute for Justice and Reconciliation, Postal Address: 2A Berkley Street, Oranjezicht, Cape Town 8001, South Africa, Telephone +27 21 462 7462; +27 83 504 9668, Fax +27 21 763 7138, E-mail: jhofmeyr@ijr.org.za

Mr. Jon Cayzer, Prince Buthelezi’s aide, E-Mail: jcayzer@ifp.co.za

Mr. Simon Dumakude, Prince Buthelezi’s aide, E-Mail: jcayzer@ifp.co.za

Mr. Justice Mthumbu, Prince Buthelezi’s aide, E-Mail: jcayzer@ifp.co.za

Ms Merle Cannon, Deputy Speaker’s PA, Parliament of South Africa, P.O. Box 1, Cape Town 8000, South Africa, Telephone +27 21 403 2786, E-Mail: mcannon@parliament.gov.za

Ms Grace Goncalo, Parliament Official, Parliament of South Africa, P.O. Box 1, Cape Town 8000, South Africa, Telephone +27 21 403 2488, E-mail: gconsable@parliament.gov.za

Erhard Hackler, Attorney, Bonn, Germany, E-mail: bv-dha@t-online.de

Mr. Reagan Kyalo Mwanza, Interpreter, P.O. Box 9038, Nairobi 00200,

KENYA, Telephone +254 721 251348; 721 818735, E-mail: tashconsult_reagan@yahoo.fr

Dr. Michael Nzunga, Interpreter, P.O. Box 9038, Nairobi 00200, KENYA,

Telephone +254 721 251348; 721 818735, E-mail: tashconsult_reagan@yahoo.fr

Mr. Gerd Bossen, Director, Rule of Law Program for Sub-Saharan Africa, P.O. Box 66471, Nairobi 00800, KENYA, Telephone +254 20 2725957; 2718035; 2718971, Fax +254 20 2724902, E-mail: bossenkas@wananchi.com

Mr. Peter Wendoh, Program Officer, Rule of Law Program for Sub-Saharan Africa, P.O. Box 66471, Nairobi 00800, KENYA, Telephone +254 20 2725957; 2718035; 2718971, Fax +254 20 2724902, E-mail: pwendoh@yahoo.com

Ms. Inez Odongo, Secretary, Rule of Law Program for Sub-Saharan Africa, P.O. Box 66471, Nairobi 00800, KENYA, Telephone +254 20 2725957; 2718035; 2718971, Fax +254 20 2724902, E-mail: kasnairobi@form-net.co.ke

Mr. Wolfgang Ahner-Toennis, Resident Representative for Kenya and Tanzania, Konrad Adenauer Foundation, P.O. Box 66471, Nairobi 00800, KENYA, Telephone +254 20 2725957; 2718035; 2718971, Fax +254 20 2724902, E-mail: kasnairobi@form-net.co.ke

Mr. Gerrit Kraemer, Intern, Konrad Adenauer Foundation, P.O. Box 66471, Nairobi 00800, KENYA, Telephone +254 20 2725957; 2718035; 2718971, Fax +254 20 2724902, E-mail: kasnairobi@form-net.co.ke