EALA Eulogises Hon. Hasfa Mossi at Special Sitting

Posted in Press Release

It was an emotional send-off for the late Hon. Hafsa Mossi at a one-day Special Sitting held in Arusha yesterday with EALA legislators condemning in the strongest terms possible, the despicable, brutal and dastardly murder. With that, the Assembly underscored the need for instituting independent investigations by credible organization(s) to unearth the killers of the late Hon. Mossi, while remaining resolute that peace, security and stability should be immediately restored in Burundi.

The Resolution which condemned the killing of the fallen legislator while paying special tribute to her, was moved by the Chair of the Committee on Legal Rules Privileges, Hon Peter Mathuki, seconded by Hon Dora Byamukama and supported by the entire House.

In the foregoing, the Assembly urged the Summit of EAC Heads of State to ensure the on-going mediation deliberations are taken seriously by all parties.

“The Assembly calls upon the Summit of the East African Community Heads of State to reign in their powers and authority and take such stern measures as to ensure that both sides in Burundi take the ongoing mediation efforts seriously so that peace, security and stability are restored in the said country in shortest time possible”, a section of the Resolution read.

The House was unanimous that the use of political assassinations or murder as a tool to settle political differences was not only myopic, cowardly and despicable but that it had no place in the political dispensation of the modern world of democracy, freedom of expression and association.

In the regard, EALA underscored the need for the Government of Burundi to put in place security measures that ensure safety of lives and property of all people irrespective of their political leanings.

The Resolution notes with deep concern that a spate of targeted murders of political leaders and politically active citizens have been realized on both sides of the political divide since the country plunged into a political crisis resultant from the controversial Presidential elections held in July 2015.

The Resolution further calls upon the EAC Secretariat to monitor, assess and report to this Assembly at its next Plenary Sitting in August, on the safety and security situation in Burundi.

Hon. Hafsa Mossi was gunned down by unknown assailants a week ago in Bujumbura, Burundi. She is survived by three daughters, Nahimana Astona, Nahimana Dada and Semanyenzi Ummu-Aiman.

Hon. Mossi was elected as a Member of EALA in 2012. At time of death, the late Hafsa Mossi was the Chapter Chair of Members of Burundi and Chairperson of the Assembly’s Women’s caucus. Prior to her election, the late Hafsa Mossi, then Minister for EAC Affairs in the Republic of Burundi since 2010, had played a critical role in Burundi’s integration into the EAC.

The late Mossi joined Government in 2007 then as Minister for Information, Communication, Relations with Parliament and Government Spokesperson. She was also a politician and a Member of the CNDD-FDD party in Burundi.

She is a former journalist and national correspondent broadcasting for the British Broadcasting Corporation (BBC) Swahili Service, having had stints in Bujumbura and in London.

During debate, the entire House eulogized Hon. Mossi as a peace maker and said her death was a big blow to Burundi, the Assembly and the EAC in totality.

The Minister for EAC, Burundi, Hon Leontine Nzeyimana assured the House the Government of Burundi was investigating the matter and appealed to the Assembly not to isolate the country.

The Speaker of EALA called for the meeting in accordance with Rule 10 (2) of the Rules of Procedure of the House.

EACJ to hear witness evidence in Hon. Margaret Zziwa’s case next week

Posted in Press Release

The East African Court of Justice, Arusha, Tanzania, 20th July 2016. The First Instance Division of the East African Court of Justice will hold an extraordinary session from 25th to 29th July, 2016 to hear oral evidence in a case filed on 10th December 2014 by Hon. Margaret Zziwa against the Secretary General of the East African Community complaining against certain actions and decisions of the East African Legislative Assembly and its Committee on Legal Rules and Privileges which pertained to investigations against her and consequential impeachment motion. Hon. Zziwa was the then elected Speaker of the EALA.

Hearing of the case could not take off in September 2015 because of a preliminary objection raised by the secretary General on grounds that the applicant and her witnesses could not give oral evidence without special leave of the Assembly under section 20(1) of the Privileges Act.

The First Instance Division of the Court by its ruling of 6th November, 2015 overruled the Preliminary objection on ground that it was not open to it to find that the evidence that Honourable Zziwa and her witnesses would adduce would be an affront to Section 20 of the Privileges Act, without first hearing them. The Secretary General being dissatisfied by the said ruling appealed to the Appellate Division of the Court which by its ruling of 27th May, 2016 dismissed the Appeal and found that the First Instance Division did not commit any error of law in arriving at its conclusion.

On 24th June, 2016 the First Instance Division dismissed Hon. Margaret Zziwa’s application to have the Court issue her and her witnesses Witness Summons to attend court and give evidence and/or produce documents. The court held that the applicant and her witnesses had voluntarily chosen to give evidence in support of the case and therefore do not require summons to attend Court.

On whether the Applicant and her witnesses can lawfully be compelled to produce documents within the purview of Section 20 of the EALA (Powers and Privileges) Act 2003 the Court held that even if it could issue summons to voluntary witnesses, the summons cannot be used to circumvent, defeat or act as an appeal or review of the Assembly’s decision made under Section 20 rejecting her application to have the witnesses testify and produce certain documents. The court refused to grant the applicant’s request.

The Court fixed the matter for four days hearing of oral evidence from 26th to 29th July 2016. The Applicant is expected to give evidence herself and call five witnesses while the Secretary General is expected to call five witnesses.