EALA Members Tenure of Office under threat - Assembly Member moves Urgent Motion for Resolution
EALA Member, Rt Hon. AbuBakr Ogle, late yesterday moved a motion for a Resolution advising the Assembly to urge Partner States not to introduce attempts to manipulate institutions, threaten Members or undermine their status, terming such a move unlawful and an affront to the principles under the EAC Treaty.
The Resolution condemns in the strongest term possible all attempts to undermine the authority of the Assembly and claims to the privileges and status of its Members.
The Resolution was however not debated. In its place, the EALA Speaker, Rt Hon. Daniel Fred Kidega, made a ruling deferring the matter to the Committee on Legal Rules and Privileges for immediate digestion. He further tasked the Committee to refer back the matter to the House as soon as possible.
The Resolution follows a recent letter written to the EALA Speaker by his counterpart, the Speaker of the Burundi National Assembly, Rt Hon. Pascal Nyabenda, ceasing membership of four Members from Burundi to EALA. The four are Hon. Jeremie Ngendakumana, Hon. Frederic Ngenzebuhoro, Hon. Yves Nsabimana and Hon. Dr Martin Nduwimana. The letter written to Speaker Kidega earlier this month, avers that the conditions through which they (four Members) presented themselves for elections had now changed.
It says in part that the party on whose strength two Members were elected to EALA was no longer represented in the Burundi National Assembly. Two other Members had on their part ceased to be Members of their parties having duly resigned.
In his response to the said letter, the Speaker noted that the request was not tenable owing to the fact that it had contravened section 51 of the EAC Treaty among other provisions. Hitherto, the Counsel to the Community offered legal opinion on the matter after acquaintance with the Constitution of the Republic of Burundi and the Electoral laws in the country.
The Resolution which was seconded by Hon. Dr James Ndahiro noted that matters of privileges of Members touch on the integrity and independence of the Assembly and that any threats bring with it a potential to undermine the authority of the Assembly and compromises its functioning under the EAC Treaty.
Justifying the matter on the floor of the House, Hon. AbuBakr Ogle remarked that the letter written by the Burundi National Assembly was tantamount to a raid on the independence and privileges of the House. The Resolution further appeals to the Organs and Institutions of the Community to guarantee safety and security of all Members of EALA and staff as well as those of other Institutions of the Community.
The motion was moved under Rule 30 (j) of the Rules of Procedure which allows for a motion raising a question of privilege to be asked without notice.
At the commencement of the 3rd Meeting of the 4th Session of the 3rd Assembly early this week, EALA Speaker remarked that the Assembly was concerned about what is happening in Burundi.
“Many lives have been lost, others maimed, peace disrupted, property damaged and the economy destabilised following the rapid escalation of violence and the instability over the last few months. The situation is worrying and could be dire and grave”, Rt Hon. Kidega said.
He remarked that he had reached out to the President of the Senate to rally legislators to work towards finding permanent solutions to the crisis.
“As an Assembly, we have also debated on and passed the Report of the Goodwill Mission of EALA to the Burundi Refugees in Eastern Province of Rwanda and in Kigoma in the United Republic of Tanzania. Last week, the Assembly also received a petition from concerned East Africans keen to see the impasse resolved”, the Speaker remarked.