East African Court of Justice Arusha, 15 February 2018:
The Appellate Division on 13th February, heard an Appeal by Hon. Margaret Nantongo Zziwa Vs the Secretary General over the decision of the First Instance Division (Lower Court), which declined to grant the orders to reinstate her as the Speaker of East African Legislative Assembly (EALA).
On 3rd February 2017, the First Instance Division declared that the sitting of the Assembly on 26th November 2014 presided over by a temporary Speaker, an entity and office unknown to the Treaty and the Rules of Procedure of the Assembly was unlawful and violated Article 56 of the Treaty. Article 56 states that; “Presiding in the Assembly; a) the Speaker of the Assembly; or b) in the absence of the Speaker of the Assembly, such elected member of the Assembly as the elected members may elect for the sitting”
The Lower Court also found that the Committee on Legal Rules and Privileges, in allowing Members of the Assembly who initiated the motion for removal of the Applicant to sit and determine whether she should in fact be removed, violated the basic rules of natural Justice that an accuser cannot also be the judge in proceedings against the accused. Further that any real or perceived bias on the part of the Committee invalidated its proceedings. The Court added that having made the findings regarding the composition of the Committee and its proceedings, it follows that its report, whatever the merit thereof, was rendered invalid.
However, on the other hand the Lower Court said that, its mandate is to interpret and apply the Treaty as it is stated under Article 23 and 27 of the Treaty for the establishment of the EAC within the Principles set out in Articles 6, 7 and 8 of the Treaty. Further that one of the principles in Article 6 (d) which is that of democracy and rule of law, which necessarily include the principle of separation of powers and therefore it cannot be seen directing EALA on how it should conduct its business hence it was unable to grant the order.
Also the First Instance Division declined to grant orders on special and general damages to the Applicant, it found out that the Applicant have contravened Rule 9(6) of the Assembly’s Rules of Procedure, which action might have triggered other actions, some patently unlawful. Still that she (Hon. Zziwa) cannot then be seen to benefit from her role in the procedural impasse that dogged the Assembly. Rule 9(6) states that; “The Speaker in respect of whom proceedings for removal have commenced shall not preside over the proceeding”
In her Appeal Hon. Zziwa represented by Counsels Jet Tumwebaze challenging the decision of the First Instance Division, submitted that the Court having found that there was breach of the Treaty, it could not have held its hands and claim that role was only to interpret the Treaty and had no mandate to make any orders as to remedy that breach.
Mr. Tumwebaze further argued that Article 23 of the Treaty on the role of the Court does not stop on interpretation of the Treaty but also talks of application and compliance of the Treaty. He added that the Lower Court should have gone ahead to remedy the violation they had found.
Counsel Tumwebaze also submitted that principle of democracy and rule of law which includes separation of powers held by the Court, he stated that the Lower Court was running away from its mandate. That the separation of powers cannot strike out the principle of checks and balances. Tumwebaze went ahead and said that, “You cannot allow EALA which has violated the Treaty and say let them handle their own motion to go and ensure compliance” Tumwebaze said.
He also argued that Article 27 of the Treaty has the same reading, that the Court on the jurisdiction of the Court over the interpretation and application of the Treaty. It is the Appellant’s contention that those two Articles 23 and 27 of the Treaty should have enlarged the mandate of the Court to grant the orders after finding the violations. He therefore asked the Appellate Court to overturn the decision of the First Instance Division.
On the decision where the Court held that the Hon.Zziwa (Appellant) had breached Rule 9(6) of the Assembly’s Rules of procedure. Counsel Tumwebaze contended that, this was not an issue in the Applicant’s petition for determination, and was not even born out pleadings and that no evidence laid by the parties. He therefore said that, the Court could not have determined the same issue.
Counsel, further submitted that the same issue on breach of Rule 9(6) by the Appellant was used by the Lower Court to deny the Applicant costs, being his argument that the Court’s findings were wrong. The First Instance in its decision said that that her conduct is the reason why the Court denied awarding her damages and costs. Mr. Tumwebaze therefore urged the Appellate Court to use its discretion and award the Appellant costs in both Courts. He emphasized that Article 23, 27 and 6(d) empowers the Court to give remedies that are prayed for.
The Respondent’s submission represented by Mr. Agaba Stephen, on his part submitted that, this matter is already moot on two reasons; one, that reinstatement of the Appellant as the EALA Speaker, it was his contention that the remedy is no longer available. Two, that the case is about money, he also stated that the Appellant does not deserve any compensation in form money.
Mr. Agaba further said that Article 56 provides on the presiding in the Assembly, which First Instance Division found that under Article 56 of the Treaty, the Assembly did errors in attempting electing the temporary Speaker. He however argued that the Lower Court was right not to reinstate the Appellant because her removal corresponds with the Treaty Provisions under Article 53 which provides on the elections of the Speaker and remove from the office of the Speaker. He also added that the lower Court held that it was satisfied on several grounds which correspond to the grounds of misconduct envisaged under Article 53 of the Treaty.
Counsel also submitted on the principle of checks and balance, arguing that the First Instance Division to have found that the Assembly had breached Article 56 of the Treaty in regard to presiding the Assembly was enough checks and balances but not that the Court was powerless as argued by the Appellant. He stated that the Court did its functions to check the functions of the Assembly as they read the Treaty.
On the issue of not awarding damages and costs to the Appellant, Agaba contended that, Hon. Zziwa from the time she was removed from the office of the Speaker, that she continued to draw the salary from the Assembly. That she also continued to get allowances entitled to all Members of the Assembly including travel, daily substance and sitting allowances. Mr. Agaba submitted that, the Justices of the First Instance Division did not abuse their discretion not to award the Appellant costs of the Reference because they had established that grounds used by the Assembly to remove her were in line with the Treaty
Agaba also contended that, the Lower Court did not error in holding that the Appellant breached Rule 9(6) because evidence was laid in his submissions and also in her utterance confirming that the Speaker in respect of whom the proceedings on removal have commenced shall not preside over the proceedings. He also emphasized that the issue was also pleaded hence opposed the argument of the Appellant that the issue was not in their petition for determination by the Court.
In conclusion, Counsel for the Respondent he requested the Appellate Court to dismiss the Appeal and make other orders as the Court may deem fit.
The matter came before Honourable Justices, Dr. Emmanuel Ugirashebuja (President), Liboire Nkurunziza (Vice President), Edward M. Rutakangwa, Aaron Ringera, and Geoffrey Kiryabwire all of the Appellate Division. The Court will deliver its judgement on notice.
Notes for editors:
The Applicant had asked Court an award of special damages in form of loss of earnings of a salary of USD 6,700 per month and housing allowance of USD 3,000 per month, plus other allowances and financial benefits. Hon. Zziwa was the elected Speaker of the EALA in 2014 but after her impeachment on 19th December 2014, the then Assembly elected Hon. Daniel Kidega former Speaker of EALA then who retired. The Current EALA Speaker is Rt. Hon Martin Ngoga.
For more information, please contact:
Yufnalis Okubo Registrar East African Court of Justice Arusha, Tanzania Tel: +255 27 2162149 mail: Okubo [at] eachq.org www.eacj.org
About the East African Court of Justice:
The East African Court of Justice (EACJ or ‘the Court’), is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
Arusha is the temporary seat of the Court until the Summit determines its permanent seat. The Court’s sub-registries are located in the respective National Courts in the Partner States.
East African Community Headquarters, Arusha, Tanzania: 13th February 2018:
Uganda will be hosting the Joint EAC Heads of State Retreat on Infrastructure and Health Financing and Development themed Deepening and widening regional integration through Infrastructure and Health Sector Development in the EAC Partner States, from 21st and 22nd February, 2018, and the 19th Ordinary Summit of the EAC Heads of State Summit themed Enhancing Socio-Economic Development for deeper Integration of the Community, on Friday 23rdFebruary 2018
Media Alert/Accreditation
All Local and Foreign Journalists intending to cover these two High Level Meetings of the EAC are alerted that the Accreditation Process will commence on 15th to 21st February 2018 for Local Participants/Journalists at the Imperial Royale Hotel and from 21st to 22nd February 2018 for Foreign Delegates/Journalists at Speke Resort Munyonyo in Kampala, Uganda.
Journalists from the other EAC Partner States (Tanzania, Kenya, Rwanda, Burundi and South Sudan) are required to scan and submit to: This email address is being protected from spambots. You need JavaScript enabled to view it.;This email address is being protected from spambots. You need JavaScript enabled to view it.; and copy This email address is being protected from spambots. You need JavaScript enabled to view it.; the following:
(i) 1 passport size photo,
(ii) a copy of the bio-data page of their passport, and
(iii) a letter from the Employer assigning one to cover the events in Kampala, Uganda.
For more information please contact:
Ms. Emma Were Tinka, Public Affairs Manager, Uganda Media Centre, Telephone: +256 41237 141/2; +256 776 932 111,and email: This email address is being protected from spambots. You need JavaScript enabled to view it.;
OR
Owora Richard Othieno, Head of Department; Corporate Communications and Public Affairs; Tel: +255 784 835021; +256 754 473 574 and Email: This email address is being protected from spambots. You need JavaScript enabled to view it.;
Corporate Communications and Public Affairs Department, EAC Secretariat, Arusha, Tanzania http://www.eac.int
East African Legislative Assembly, Arusha, Tanzania: February 13th 2018:
Fresh from the 2nd Meeting of the 1st Session of the Assembly that concluded in Kampala, last week, regional legislators have hit the road on mission to assess progress on the institutions, installations and facilities of the bloc.
The on-spot assessment commenced yesterday, Feb 12th and runs up until Feb 23rd, 2018. There are two groups for purposes of the On-spot assessment exercise. One group is touring the Northern corridor which commences in Mombasa port – through to Nairobi, Kampala and Kigali. Hon Mathias Kasamba is the team leader. Earlier on, the delegation was received by the Governor of Mombasa County, H.E. Ali Hassan Joho.
The second group led by Hon Wanjiku Muhia is touring the Central Corridor and it also runs concurrently from Dar es Salaam through to Bujumbura and eventually Kigali.
The on-spot assessment on the Northern Corridor covers Kenya Ports Authority (KPA), Kenya Revenue Authority (KRA), and border visits to Holili-Taveta Border and at the Namanga One Stop Border Post. The team will briefly tour Moshi, Tanzania then return via Namanga to inspect the Athi River Weigh Bridge before travelling by road to Kisumu where it will visit the Lake Victoria Basin Commission for meetings with stakeholders. The delegation then detours westwards to the Malaba One Stop Border Post and in to the Republic of Uganda. In Uganda, legislators intend to meet with key stakeholders of the various EAC Institutions including the East African Development Bank (EADB), the Inter-University Council for East Africa (IUCEA) and the Civil Aviation Safety and Security Oversight Organisation (CASSOA). Thereafter, EALA travels westwards by road to Mbarara and Kabale to meet with stakeholders at Gatuna/Katuna border before entering Rwanda. While in Kigali, the team will meet the East African Science and Technology Commission (EASTECO).
The Members on the Central Corridor circuit will interact with the EAC Kiswahili Commission in Zanzibar as well as visit the Tanzania Ports Authority in Dar es Salaam before proceeding to Dodoma where they will meet with top government officials at the Ministry of Foreign Affairs and International Co-operation. The delegation then proceeds to Morogoro and Singida. It will inspect the Vigwaza weigh bridge and the Isaka dry port before proceeding to the Kabanga/Kobero One Stop Border Post. In Burundi, the Members will interact with officials at the East African Health and Research Commission, visit Akanyaru/ Kanyaru border post, the Rusumo One Stop Border Post and the Rusumo Hydro Electro Power.
Both teams shall then convene in Kigali, Rwanda, for a wrap-up of the two-week tour. The tour is important for the region for the Members to appreciate the operations of EAC Institutions and Authorities/Agencies that provide services, create awareness among the Members on the gains and challenges of integration. The tour also intends to inform the citizens of East Africa on the role of EALA in the integration process and for us to receive requisite feedback and recommendations from the citizens on their perception of the integration efforts so far. Such efforts will inform our mode of work and better equip us to legislate and to provide oversight.
EALA is an Organ of the East African Community and whose mandate revolves on Legislation, Oversight and representation.
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.
East African Community Headquarters, Arusha, 13th February 2018: For the next ten days, Uganda’s capital city, Kampala, will be a hive of EAC activities with many Partner States officials heading to it for several EAC Policy Organ meetings.
An Extra-Ordinary Finance and Administration Committee meeting kicks off on 14th February 2018 at the Uganda’s Ministry of EAC Affairs. The Finance and Administration Committee is the technical arm of the Council that advises it on all financial and administrative issues related to the Organs and Institutions of the Community.
The Finance and Administration Committee meeting will be followed by the 35th Extra-Ordinary Meeting of the East African Community Council of Ministers taking place from 15th to 20th February 2018 at the Imperial Royale Hotel.
The 36th Meeting of the Council of Ministers will held on 19th and 20th February at the same hotel and the Joint EAC Heads of State Retreat on Infrastructure and Health Financing and Development is slated for 21st to 22nd February, 2018. The 19th Ordinary Summit of the EAC Heads of State Summit, themed Enhancing Socio-Economic Development for deeper Integration of the Community, will crown the EAC activities in Kampala on Friday 23rd February 2018.
Meanwhile, the 35th Extra-Ordinary Meeting of the Council has been convened to prepare for the 19th Ordinary EAC Heads of State Summit and will consider, among others, the report of the Council to the Summit for the period may 2017 – February 2018; report on the implementation of previous decisions of the Summit; sustainable financing mechanism for the East African Community; priority areas and activity plan for Republic of South Sudan (RSS)’s integration in EAC.
Others to be considered is the status of preparation for the joint retreat of EAC Heads of State on infrastructure and health financing and development; concept note, terms of reference, roadmap and budget estimate for the drafting of the EAC Political Confederation Constitution; and receiving an update on EPA.
The EAC Council of Ministers is the Policy Organ of the Community and consists of the Ministers responsible for the East African Community Affairs of each Partner State and such other Ministers of the Partner States as each Partner State may determine. Among its functions, the Council promotes, monitors and keeps under constant review the implementation of the Programmes of the Community and ensures the proper functioning of the regional organization.
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For more information, please contact:
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Legislative Assembly, Kampala, Uganda: February 9th 2018:
The House yesterday granted one of its Commissioners, Hon Mukasa Mbidde and other interested Members special leave to appear as interested parties in a reference (No 2 of 2018) on the matter of election of EALA Speaker filed at the East African Court of Justice (EACJ) by the Republic of Burundi. Consequently, the House further granted Hon Mbidde leave to use of its records for the purposes of the suit.
The Resolution moved by Hon Mbidde himself, follows the recent application at the East African Court of Justice by the Republic of Burundi in which the applicant, the Attorney General, sues the Secretary General of the EAC on the election of the Speaker. The Member is seeking to be enjoined as an interested party in the case.
The Member told the House the matters raised in the reference touched on the sanctity of the Assembly within its jurisdiction and therefore should be well represented in the Court. He remarked that absence of the same may lead to misrepresentation of the facts of the suit or the Assembly in the matter. In the regard, the mover of the Motion had sought the House to grant access to a number of documents intended for use in line with Article 23 of the Rules of Procedure which stipulates how the records and journals of the House are kept.
According to Rule 42 of the Rules of Procedure of the Assembly, the Speaker, Rt Hon Ngoga K. Martin granted a minimum guided debate to avoid sub judice.Prior to debate, the Council of Ministers interjected requesting for the question to be put for a vote without debate, a move that was outvoted.
Hon Abdikadir Aden said it was necessary in line with the principle of natural justice for the Assembly to have legal representation.
“I commend Hon Mbidde for the gesture. Even though we have the Counsel to the Community in the House (as an ex-officio Member) let us also have legal representation in the reference”, he said.
Hon Denis Namara said there was need for instituting a safety net and therefore, vital for Hon Mbidde to be enjoined and to utilize the records of the House.
Hon Susan Nakawuki said the matter involved the entire Assembly who had been dragged to Court. “It is important that we defend ourselves as a team and defend our position, sovereignty and sanctity”, she said.
Hon Fancy Nkuhi reminded the August House that the Members of the House need to come together and to resolve any issues if at all while Hon Rose Akol Okullu termed the need to seek legal representation as vital. Hon Paul Musamali also supported the motion saying the issue touched on the very existence of the Assembly. Hon Kennedy Kalonzo Musyoka and Hon Gideon Gatpan further supported the motion calling for self-representation by the Assembly. Hon Gabriel Alaak Garang said the Attorney General in filing the suit was testing the resolve of the Assembly.
Hon Victor Burikukiye remarked that it was a democratic right for the Republic of Burundi to head to Court. “I believe the law allows any aggrieved party to bring a matter to Court. Let us not take the case as an attack to the August House but an avenue to protect the Treaty governing the Community”, he said, reiterating that Burundi needs clarification on the matter and that the EACJ would be able to adequately handle the matter.
In her contribution, Hon Mary Mugyenyi cited tranquility of the Community as important and reiterated the Assembly was keen to see the same by all means. “If it means we support the Motion, then let us do so”, she remarked.
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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.
East African Community Headquarters, Arusha, Tanzania,9th February, 2018:
Between 5th -9th February, 2018, an exhibition “Facing the Climate” has been show-casing at the lobby of the East African Community (EAC) Headquarters in Arusha, Tanzania. The exhibition coincided with the 5th Sectorial Council on Environment and Natural Resources.
The exhibition is developed by the Swedish Institute, produced by the Embassy of Sweden in Dar es Salaam and Buni Media, curated by renowned cartoonists Victor Ndula (Kenya) and Magnus Bard (Sweden) in collaboration with the EAC Secretariat.
Today at the official closing ceremony, H.E. Katarina Rangnitt, the Swedish Ambassador to Tanzania, said to create a sustainable future we need ambitious and sustainable climate, energy and environment policies. You are here today as policy makers that have the power to create change. Just like East African and Swedish cartoonists have worked together for the “Facing the Climate”-exhibition, added Amb Rangnitt.
“I encourage all of us to do the same. Climate change is a global problem which we can only solve together. Sweden is ready to do her part, let’s join hands and lead the way’’
On his part, the Chair of the EAC Sectorial Council on Environment and Natural Resources and Minister of Water and Environment from Uganda, Hon Sam Mangusho Cheptoris commended the good work done by the Swedish Embassy in Tanzania by raising climate change awareness through the art of cartoonists.
He disclosed to the participants that the EAC like other sub regions in Africa is facing numerous climate change challenges that affect region efforts to achieve integration agenda.
Hon Cheptoris informed the meeting that the East African Community among others developed EAC Climate Change Policy and Strategy and the Climate Change Master Plan (2011-2031) to face climate change challenges that affect regional.
One of the Tanzanian cartoonists, Dr. Meddy Jumanne, shared his view on the issue and what inspired him to be a cartoonist. Edgar Tarimo who won the Children’s Climate Price 2017, presented his invention of turning plastic bottles in to building bricks which is quite impressive given that he is only 17 years old.
The idea of the cartoon exhibition was initiated to coincide with the 2009 United Nations Copenhagen Climate Change Conference when 25 Nordic cartoonists interpreted the subject. Since then Swedish cartoonists have been collaborating with their counterparts from around the world to offer amusing and alarming views on climate change issues from different local perspectives.
The exhibition has been shown in over 30 countries and attracted more than 450,000 visitors since it was initiated. The exhibition is constantly growing as new countries participate with each new year.
The exhibition has now reached East Africa and features both Swedish and East African cartoonists. Tanzanian cartoonists who participated at the exhibition were are Fedeliko, Popa Matumula, Sammi Mwamkinga, Dr Meddy and Christopher Nyiti.
Using the power of humour and satire, these cartoonists invite the public to reflect upon the challenges of climate change and encourage responsible actions. It is a topic that mankind cannot afford to ignore, either in Northern Europe or East Africa.
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For more information, please contact:
Ms Hanna Widén Embassy of Sweden Tel: 0699 887 997 hanna.widen[at]gov.se
OR
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
East African Legislative Assembly, Kampala, Uganda: February 8th 2018:
Two key Bills critical to the Monetary Union were yesterday tabled for the First Reading in Kampala, Uganda.
The EAC Monetary Institute Bill 2017 and the EAC Statistics Bureau Bill 2017 tabled by the Chair of the Council of Ministers, Hon Julius Wandera Maganda, sailed through the First Reading and were committed to the respective EALA Committees.
The object of the EAC Monetary Institute Bill, 2017, is to provide for the establishment of the East African Monetary Institute as an institution of the Community responsible for preparatory work for the EAC Monetary Union. In accordance with Article 23 of the Protocol on the EAC Monetary Union, the Bill is expected to provide for the functions, governance and funding for the Institute as well as other related matters.
Closely related to the EAMI Bill is the EAC Statistics Bureau Bill, 2017, which also seeks to establish the Statistics Bureau as an Institution of the Community under Article 9 of the Treaty and Article 21 of the Protocol on Establishment of the EAC Monetary Union. The Bill provides for the functions, powers, governance and its funding with a view to establishing an institution responsible for statistics in a bid to support the East African Monetary Union.
The EALA Committee on Communications, Trade and Investment is to hold public hearings on the EAC Statistics Bureau while the EAC Monetary Institute Bill will be handled by the General Purpose Committee.
The Speaker, Rt Hon Ngoga Karoli Martin said though the bills were tabled by the Council of Ministers, they were coming to the House close two years late. He therefore urged the Assembly to give both Bills the due attention deserved.
Meanwhile, Hon Amb Dr Augustine Mahiga, Minister for Foreign Affairs and East African Co-operation in the United Republic of Tanzania was sworn in as an ex-officio Member of EALA.
Hon Amb Dr Mahiga was led in to the House by Hon Josephine Lemoyaan, Hon Abdulla Makame and Hon Happiness Elias Lugiko.
In his maiden speech immediately thereafter, the Minister registered appreciation to EALA and congratulated the Speaker and Members for their election. He further congratulated the Members of the Republic of South Sudan for joining the Assembly and noted the region looked forward to ensuring it (South Sudan) maximizes the benefits of integration.
The Minister remarked that EALA had made major contribution and remained a significant player in the process of integration. “You are the custodian of the Treaty and the one that oversights Government – speaking without fear or favour on where we need to improve”, Amb Dr Mahiga said.
“You are the indispensable link to the people of East Africa, he added saying EALA was essential in bringing people behind the integration process”, the Minister added.
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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.
…wants independence on financial and administrative matters
East African Legislative Assembly, Kampala, Uganda: February 8th 2018:
EALA is resolute that it will operationalize the financial and administrative autonomy granted to it by the Council of Ministers two years ago (2016). In the wake of this, the Assembly at plenary today passed a Resolution directing the (EALA) Commission to come up with all the necessary instruments to fully achieve the objectives for which it was established including enhancing terms and conditions of service of both Members and staff of the Assembly as well as appropriate staffing.
In passing the Resolution, the Assembly therefore adopted performance contracting as a scheme of service in the Assembly as opposed to the two term limits for its professional/technical members of staff.
The Resolution to adopt and operationalise the financial and administrative autonomy of the EALA was moved by Hon Susan Nakawuki Nsambu, seconded by Hon Oda Gasinzigwa and supported by many Members.
At its 33rd Meeting, the Council of Ministers granted the Assembly full financial and administrative autonomy vide decision (EAC/CM 33/ Decision 29) and (EAC/CM 33/ Decision 27) in a bid to enable the Assembly to secure broad independence.
The Assembly noted that it is already empowered under Articles 49 and 132 of the Treaty, through the Administration of the East African Legislative Assembly Act, 2012, and the EALA Rules of Procedure to, exercise such powers as granted in the afore-mentioned decision of the Council - this being through the EALA Commission, the Assembly Committees’ and the Plenary.
In the same regard, the House is moving to retain the services of members of staff whose final contracts are due to expire in April 2018 until such a time when they are subjected to performance contracting.
At debate time, Hon Abdikadir Aden said the mandate of the Assembly was key in the integration process, adding that autonomy in terms of administrative ability to organise its work remained fundamental. He said, it was imperative to amend the Treaty in order to move in tandem with the dynamics of integration. He termed the staff as the “institutional memory of the Assembly” and said staff retention was a practice across Parliaments in the globe.
The Chair of the Council of Ministers, Hon Julius Wandera Maganda said the matter of autonomy touched on the operations of the Community and asked for amendment of the Resolution in that regard, to bring the matter to the Council of Ministers.
He maintained the Council had produced some documents on the institutional review and the re-evaluation of the EALA and EACJ was understudy as well. The Chair of Council reiterated that autonomy was conditional and stated the EAC Secretariat was directed to come up with a paper defining the scope of the autonomy from its perspective.
He remarked that the issue of term limits need legal and policy issues touching on the Treaty amendment as well. The CTC to the Community re-affirmed the scope of autonomy was conditional and that certain areas including the financial rules and regulations and staff rules could be reviewed and revisited. However, he reiterated that some of the matters were subject to amendment of the Treaty for the Establishment of the EAC.
Hon Mukasa Mbidde however said the basis of the Resolution was as a result of a directive of the Council of Ministers itself. “The motion is further well within the dictates of the Treaty’s Article 49 and we need the Commission to establish the benchmarks with a view to implementing the rules as laid out by the Treaty”, he said. “Autonomy does not mean we shall erase the principle of complementarity but in pursuit to the directive made by the Council of Ministers”, he added.
On his part, Hon Chris Opoka said independence matters (of Executive, Judiciary and Legislature) were embedded on the principle of separation of powers. Hon Opoka reiterated that Council of Ministers can give direction to Partner States and a number of Organs and Institutions other than the Summit, Court and Assembly as per Article 14 (3) (c ) of the EAC Treaty. “When Council gave the financial and institutional autonomy to the Legislature in 2016, they were indeed correcting a wrong. The wheel of Council grinds very slowly and we need to have a timeline when the report of the Institutional Review shall be completed and reported”, he said, adding both the legislature and judiciary will function effectively and efficiently when such autonomy is granted.
Hon Abdullah Makame reminded the House the Budget was an Act that could not be shifted midway and sought clarification if granting financial autonomy would interfere with the process. “We commend Council for creation of the new position of Deputy Clerk in charge of Finance and Administration’, he said. We can task the Council to table and dispense with the matter soonest at the next Council of Ministers, he added. “I am confident that Council is aware of the importance of this matter”.
According to Hon Wanjiku Muhia the Council of Ministers had already made policy decision on the matter. “The institution (EALA) is well over 15 years and now needs some structures to move it forward. Legislators provide oversight and their role should not be arm-twisted. We must not let EALA be a training ground for staff – but there must be some certainty as they undertake their work,” she said.
Hon Aden Noor said the full autonomy of the House was critical. “It is a tradition and practice of the House in Parliaments globally to legislate and oversight. This needs to be done in an objective way and all three arms should have separation of powers,” he remarked. “The House should for example be able to appoint its own Clerk, Hon Noor reiterated. “We are not in competition with any other Organ but a complimentary role”.
Hon Denis Namara said the Partner States’ constitutions supercede the EAC Treaty and that it recognised the separation of powers. “We need to follow this as well at the EAC”, he added.
Hon George Odongo said total independence of the Assembly in dispensing legislative, oversight and representative function need to be enhanced and there was need to look at it with lenses of objectivity.
Hon Fatuma Ibrahim Ali said the operations of the Assembly should mirror that of the National Parliaments in line with Article 65 of the EAC Treaty. “This has been clearly stated by eminent persons including those who have addressed us (EALA) at the induction programme of the 4th Assembly. (ref article 71). The motion is timely for us to take off on a platform”, Hon Ali said.
Hon Kasamba Mathias said EALA’s independence means it would work better with the Council of Ministers. “We need the Commission to finalise the matter within a timeframe of 6 months”, he remarked.
Hon Josephine Lemoyaan termed the motion courageous and timely and said an autonomous EALA was key. “We are part of the EAC system – however, we need to be critical about the burden we have in terms of the framework of autonomy.
The second part concerns staff whose contracts will end in April 2018. The House must consider quickly how it shall address the matter’”, the legislator.
Hon Dr Ngwaru Maghembe tasked the Counsel to the Community to clarify to the House whether the directive of the Council of Ministers that gave autonomy was conditional and subject to the finalisation of tasks assigned to the EAC Secretariat. He nevertheless supported the move.
Hon Amb Fatuma Ndangiza termed the debate clear granting full administrative and financial autonomy and said there was need to swiftly move on with the decision. “As Chair of the Legal Rules and Privileges Committee, I shall ensure you deliver on the implementation of the decision. It is in the interest of the Council of Ministers to have an effective Legislature,” she said.
Hon Florence Jematiah said the House needed to speedily move – given the fact that five years is a very short period in which to leave a formidable legacy.
Hon Gideon Thoar was emphatic the Resolution in debate was related in toto to the operationalisation of the autonomy, a principle which had already being directed and granted by the Assembly.
Hon Mary Mugyenyi supported the motion and said it was overdue having been approved by the Council of Ministers. “I thank the Chair of Council for stating it (Council) was not against the idea. The EAC can only grow by empowering the different Organs to be independent. A conflict of roles between the officers within Organs and Institutions can cause challenges and there is need for all to access resources”, she said.
Hon Simon Mbugua said the essence of Parliament lay in independence. “Mr Speaker, you must take charge in steering the bus of the Assembly. We are representatives of the people and we must deliver to that mandate”, he said.
Hon Adam Kimbisa supported the motion citing efficiency, effectiveness of the Assembly as the hallmark of autonomy. “The matter is long overdue,” he added.
The mover of the Resolution, Hon Susan Nakawuki said intense lobbying has shown the matter has support of the Summit of EAC Heads of State and remarked that the paper which the Council required from the Secretariat could easily be done by the EALA Commission.
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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.
TBY talks to Libérat Mfumukeko, Secretary-General of the East African Community (EAC), on Tanzania's importance to the EAC, the major achievements of regional integration, and obstacles ahead of a monetary union.
What are the mutual benefits of Tanzania's membership in the EAC?
The United Republic of Tanzania is one of the founding partner states of the EAC. Tanzania is also the home to a number of pioneer African nationalists and Pan-Africanists, foremost among whom is the late Mwalimu Julius Nyerere. Pan-Africanism is important in this context, because the EAC and other regional economic communities in Africa are all part of the African Union's overarching plan to form an African economic community by the year 2063. Tanzania, the second-largest economy in the region, has also played a crucial role in promoting political liberation and stability not just in East Africa but Africa as a whole. The EAC is, therefore, richer with Tanzania as a partner state.
What has been the impact, in real terms, thus far of the EAC's economic integration process, gaining momentum now for well over a decade?
In April 2016, the community attained international recognition as the fastest-growing regional economic community in Africa. This acclaim is a result of the major achievements in terms of the integration that the EAC has attained in the recent past. For example, the EAC is now implementing a single customs territory, which means goods are cleared only once at the entry point. This has resulted in the drastic reduction of the period taken to clear goods from over 20 days to three to four days on the central corridor; from 21 days to four days between Mombasa and Kampala; and from 18 days to six days to Kigali on the northern corridor. Also, of the 15 borders earmarked to operate as one-stop border posts, 11 have now been completed. Similarly, we are now in a common market, with free movement of people, goods, and capital. Laws have already been enacted in our partner states to ensure that citizens enjoy these freedoms, moving and trading freely.
What obstacles do you foresee along the way to achieving a monetary union between EAC member states?
A high degree of economic convergence is important for individual countries planning to form a monetary union. This aspect is also important for the stability of the monetary union once formed. The loss of national monetary and exchange rate policies by individual partner states after the formation of a monetary union, and the likely constraints on national fiscal policy in the single currency area underline the importance of starting from a position in which such a loss of national discretion in macroeconomic policy can easily be borne and will not outweigh the benefit of introducing a single currency. The major challenge on the road to a monetary union is the fact that the economies of the EAC partner states are too divergent to guarantee a stable monetary union. The macroeconomic numbers for countries like South Sudan and Burundi, for example, are extremely different compared to that of Kenya. In order to promote economic convergence, EAC partner states have agreed on a set of four primary convergence criteria that must be attained and maintained for at least three years before joining the monetary union: a ceiling on headline inflation of 8%, reserve cover of 4.5 months of import, ceiling on the overall deficit of 3% of GDP, including grants, and a ceiling on gross public debt of 50% of GDP in net present value terms. Another challenge is the slow progress that is being made in establishing the key institutions to support the monetary union. For example, according to the East African Monetary Union (EAMU) roadmap, the East African Monetary Institute was supposed to be established by December 2015. However, this was not possible, partly due to the lengthy process of decision making of the community as stipulated in the EAC Treaty and also because some sectoral councils do not meet as frequently as required. The secretariat is doing its best to ensure adherence to the calendar of meetings.
East African Community Headquarters, Arusha, Tanzania, 7th February, 2018:
An Extra-Ordinary Sectoral Council on Trade, Industry, Finance and Investment (SCTIFI) started at the EAC Headquarters in Arusha, Tanzania today.
The three-day meeting started with the Session of Senior Officials which ends today to be followed by the Session of Permanent/Principal Secretaries/Undersecretaries which will take place on Thursday, 8th February, 2018. The meeting will conclude with the Session of Ministers or Cabinet Secretaries on Friday, 9th February, 2018.
Among the items on the agenda of the Extra-Ordinary SCTIFI are the: Deliberation on the long standing Non-Tariff Barriers to trade; Consideration of the two positions of ad valorem of 35% and specific duty rate of tariffs for used clothing under AGOA Out of Cycle Review, and; Consideration of the Update on EU-EAC Market Access Upgrade Project (MARKUP).
Also on the agenda of the meeting are the: Consideration of the EAC Trade and Investment Report 2016, and; adoption of the One Stop Border Posts (OSBP) Manual.
The meeting is being attended by delegates from all the six Partner States and officials from the EAC Secretariat.
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For more information, please contact:
Mr Owora Richard Othieno Head, Corporate Communications and Public Affairs Department EAC Secretariat Arusha, Tanzania Tel: +255 784 835021 Email: OOthieno [at] eachq.org
About the East African Community Secretariat:
The East African Community (EAC) is a regional intergovernmental organisation of five Partner States, comprising Burundi, Kenya, Rwanda, Tanzania and Uganda, with its headquarters in Arusha, Tanzania.
