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Hon Susan Nakawuki contributes to the debate in the Assembly earlier today

EALA set to pick up pending work

East African Legislative Assembly, Arusha, Tanzania: March 15th 2018:

The Assembly is set to pick up and finalise nine pending bills which were not completed as at time the 3rd Assembly wound its work in June 2018.

In order to set the ball rolling, the House late yesterday passed a Resolution to save, retain and continue in the Assembly, Bills that were introduced by the 3rd Assembly. The Motion moved by Hon Fatuma Ndangiza, Chair of the Legal Rules and Privileges Committee, names the subsequent Bills as follows:

  1. The East African Community Whistleblowers Bill, 2016
  2. The East African Community Retirement Benefits for Specified Heads of Organs Bill, 2016
  3. The East African Community Sexual and Reproductive Health, 2016
  4. The East African Community Competition (Amendment) Bill, 2014
  5. The East African Community Trade Negotiations (Repeal) Bill, 2014
  6. The East African Community Youth Council Bill, 2017
  7. The East African Community Cross Border Trade in Professional Services Bill, 2017
  8. The East African Community Mining Bill, 2016
  9. The East African Community Integration and Anti-Corruption Bill, 2016.

Hon Ndangiza reiterated that lapsing of business before a legislature at time of expiration is deeply embedded in the longstanding parliamentary principle that provides that one Parliament cannot bind another Parliament.  However, Rule 94 of the Rules of Procedure provides for any Bill, motion of resolution that is left pending as at time of dissolution of the House if may be retained if a resolution of the House so moved is passed.

Meanwhile, the House has granted leave of absence to Hon Chris Opoka-Okumu to introduce a Private Members Bill entitled the EAC Customs Management Act (Amendment) Bill, 2018. The amendment of the Bill seeks to enhance and streamline purchase and use of exempt vehicles under the EAC.

The Motion was widely debated and received varied views during the debate.

Hon Dennis Namaara said the Motion was anchored on the need to provide flexibility with regards to movement for legislators and said it would result in efficiency for legislators.

Hon Abdikadir Ogle supported the move and said previous Members of the House had made similar requests in the past and that the mover should be granted the said opportunity to amend the Bill.

Uganda’s 2nd Deputy Prime Minister and Minister for EAC Affairs, Hon Dr Kirunda Kivejinja remarked that further consultation was vital. “The mover ought to have consulted with the Council of Ministers in advance”, Hon Dr Kirunda Kivejinja said adding that it was necessary for the Community to check if there were any financial implications. “We must be clear on this aspect,” the Deputy Prime Minister said.

The Counsel to the Community, Hon Dr Anthony Kafumbe remarked there was need for the mover of the Bill to consult further saying any amends to the fifth schedule of the Customs Management Act should be a preserve of the Council of Ministers.

Hon Susan Nakawuki reiterated that the Assembly was the legislative arm of the Community and had the powers to enact legislation.  “Anything that needs legislation should pass through the legislature in order to embrace the doctrine of separation of powers”, she added.  The legislator affirmed EALA was not trying to usurp the mandate of the Council of Ministers.

Hon Dr Jumanne Maghembe while supporting the motion reiterated that issue of purchase of two vehicles per Member was tricky and said more consultation was vital.  “We must work closely with the Council of Ministers and Summit of Heads of State to pass bills that will see assent at the end of the day”, he reiterated.

Hon Mary Mugyenyi, Hon Dr Woda Odok Jeremiah, Hon Kim Gai and Hon Simon Mbugua said EALA was a House of making laws while Hon Noor Aden said the desire to amend the Bill was occurring as a result of convenience.  Hon George Odongo said the Executive and the Legislature need to be seen to be acting in the best interest of East Africans while Hon Rose Akol remarked that it was necessary for the House to grant leave to the Member to present the Bill before ensuing debate can proceed.

- ENDS -

For more information, please contact:

Bobi Odiko
Senior Public Relations Officer
East African Legislative Assembly
Arusha, Tanzania
Tel: +255-27-2508240
Fax: +255-27-2503103
Cell: +255-787-870945, +254-733-718036
Email: BOdiko [at] eachq.org
Web: www.eala.org

About the East African Legislative Assembly:

The East African Legislative Assembly (EALA) is the Legislative Organ of the Community and has a cardinal function to further EAC objectives, through its Legislative, Representative and Oversight mandate. It was established under Article 9 of the Treaty for the Establishment of the East African Community.

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East African Community
EAC Close
Afrika Mashariki Road
P.O. Box 1096
Arusha
United Republic of Tanzania

Tel: +255 (0)27 216 2100
Fax: +255 (0)27 216 2190
Email: eac@eachq.org