Press Release

EALA set to pass Omnibus Law on Integration

The East African Legislative Assembly has proposed enactment of an omnibus law to harmonise national laws appertaining to the Community and to institute an administration law for the Common Market Protocol.

The Assembly is of the view such a move shall cure, existing challenges of harmonisation of Partner State laws appertaining to the Community. At the same time, the Assembly wants the Council of Ministers to direct the Sectoral Council on Legal and Judicial Affairs to hold regular meetings and to prioritize harmonisation of laws for EAC in order facilitate integration within the set time frames.

In order to meaningfully facilitate co-operation in legal and judicial affairs as provided for under Article 126 of the Treaty, EALA urges EAC Council of Ministers to expedite implementation of the entire Article which obliges Partner States to harmonise legal training and certification; encourage standardisation of judgments of courts within the Community as well as in establishing common syllabus for the training of lawyers.

Late yesterday, EALA approved the Report of the Committee on Legal Rules and Privileges on the oversight activity on the harmonisation of national laws in the EAC context. The Report presented to the House by Hon. Dora Byamukama on behalf of the Chair of the Committee, Hon. Peter Mathuki, follows an oversight activity carried out by the Committee in February 22- 26, 2016.

Chapter 24 of the Treaty provides for co-operation in Legal and Judicial Affairs. Specifically, Article 126 (2) (b) of the Treaty provides that “Partner States shall through their appropriate national institutions take all necessary steps to harmonise all their national laws appertaining to the Community”.

In line with that Treaty provision, EAC Partner States established a sub-committee on the approximation of national laws in the EAC context.

During the oversight activity, the Committee was informed that Partner States are at different stages of implementation of the directives of the Council of Ministers on harmonisation on national laws. It further observed that Partner States were slow when it comes to amending laws to comply with the directive of the Council of Ministers pertaining to harmonisation of national laws. Further on, the criteria used and timelines for harmonisation of laws is also unclear.

The Committee cites a number of challenges including frequent changes in the membership of the Task Force, conflicting commitments of members of the Task Force as well as different legal systems. In addition, the slow pace in the implementation of the harmonisation agenda at national level and the lack of monitoring mechanisms to ensure Partner States comply with the adopted approximation proposals are also cited.

During debate time, Hon. Judith Pareno said the activity of harmonising and approximating laws was a Treaty matter and said it was important for the Community to have a system of the laws to harmonise. Hon. Shyrose Bhanji remarked that slow implementation of harmonising laws was retrogressive for integration. She asked the House to request the Council of Ministers to share with the Assembly a matrix showing progress of implementation.

“We also need a special strategy to popularise the laws passed by the Assembly to the citizens”, Hon. Bhanji said. Hon. Martin Ngoga called for a rethink of strategy in the way the Community undertakes its mandate as it advances the objectives of integration. Harmonisation of laws is just one of the ways but there are a number of things we need to do with reference to Article 126.

“Why are we not publishing East Africa Law Journals? There are over 600 laws that we need to harmonise to make EAC realise the Common Market and we must move faster,” he said. The legislator said EALA must take the lead.

“It is the Assembly’s role to make laws and we should not take back the matter to Partner States” he said. “We must reassess our mode of work”, he added.

Hon. Susan Nakawuki remarked that it was key for the harmonisation of immigration laws to be speedily undertaken. “One of the key issues we need to address is that of the yellow fever certificates and I request the Council of Ministers to inform us of the position of the Community on the matter”, Hon. Nakawuki said.

Chairperson of the Legal Rules and Privileges Committee, Hon. Peter Mathuki urged the Ministers of EAC to be in attendance during the Plenary Sitting. “The continuous absence of EAC Ministers may be another reason for the slow implementation of activities of integration”, Hon. Mathuki said. The legislator also said bureaucracies needed to be reduced.

The 3rd Deputy Prime Minister and Minister for EAC in the Republic of Uganda, Rt Hon. Kirunda Kivejinja remarked that progress on the pillars of integration were notable while, the Deputy Minister for Foreign Affairs, East African, Regional and International Co-operation, Hon. Dr Susan Kolimba remarked that the Council of Ministers was committed to ensuring issues brought to fore by Members are adequately addressed.

Also rising up to support the report were Hon. Joseph Kiangoi, Hon. Abdullah Mwinyi and Hon. Valerie Nyirahabineza.

Three Bills sail through first Reading in House

Three Bills yesterday sailed through the respective 1st Readings as the House resumed its business in Dar es Salaam.

The Bills are the EAC Sectional Properties Bill, 2016, the EAC Supplementary Appropriation Bill, 2016 and the EAC Customs Management (Amendment) Bill, 2016.

The EAC Sectional Properties Bill, 2016 aims to regulate division of buildings into units and the individual ownership of the units. The Bill deals with the division of buildings into units and registration of sectional properties. It further seeks to vest the management of common property in a corporation consisting of persons who own units in the parcels to which sectional plan relates.

Part two of the Bill deals with the division of buildings into units and registration of sectional properties. In this part, the Bill seeks to apply the laws in Partner States for the time being in force governing the registration of land titles to the registration of sectional properties under the Bill.

According to the mover, Hon. Dr James Ndahiro, the Bill emanates from the Common Market Protocol which anticipates free movement and rights to establishment. He remarks that not all East Africans have the ability to purchase their own property and thus given an opportunity to purchase part of a building, such individuals earn some financial assets.

Hon. Dr Ndahiro further states that a legal framework is necessary to enable any willing investor to develop in a neighbouring Partner State. Generally, a sectional title describes separate ownership of units or sections within a complex, development or scheme. When one purchases into a sectional title complex, you purchase a section or sections and an undivided share of the common property. These are collectively known as units. The Bill on its part defines a unit as a space that is situated within a building and described in a sectional plan by reference to floors, walls and ceilings within the building.

The sale of units, holding of sale proceeds in trust, termination of developers’ management agreement and renting of units are among the matters provided also for in the Bill.

Another Bill which sailed through this morning is the EAC Supplementary Appropriation Bill, 2016. The Bill anchors the EAC Supplementary Budget estimates amounting to USD 1,566, 941 for the Financial Year 2015/16 to facilitate the activities of the EAC Organs and Institutions. The Bill was moved by the 3rd Deputy Prime Minister of Republic of Uganda, Rt Hon. Kirunda Kivejinja, on behalf of the Chairperson of the EAC Council of Ministers, Hon. Dr Augustine Mahiga.

The EAC Customs Management (Amendment) Bill, 2016 also sailed through the first reading. The object of the Bill is to amend the EAC Customs Management Act, 2004 to facilitate smooth implementation of the Act, particularly on the implementation of commitments made under the protocol establishing the EAC Customs Union. The Bill moved by Hon. Dr Augustine Mahiga, Chairperson, Council of Ministers, thus provides for application of the COMESA and SADC preferential tariff arrangements which the Partner States agreed to implement.

In line with the Rules of Procedures, the Speaker committed all Bills to the relevant Committees for their action.

EALA passes key report on governance and project performance issues in EAC Institutions

A key report of the oversight activity of EAC Institutions with regards to governance, project performance was today adopted by the Assembly.

The Report presented to the House by Chair of the Accounts Committee, Hon. Jeremie Ngendakumana emanates from oversight activities carried out by the Accounts Committee last month (February 2016) following queries obtained from the EAC Audited Financial Statements for the year ended 30th June 2014.

It also set to establish the adherence to the extent of status of implementation of the Assembly’s recommendations. The Committee visited the Lake Victoria Fisheries Organisation (LVFO) and the EAC Civil Aviation Safety and Security Oversight Agency (CASSOA) in Jinja and Entebbe respectively.

The Committee reported that the oversight activity at the Inter-University Council of East Africa (IUCEA) which was envisaged was not undertaken as the heads of the institution were away as at time of the activity. The Committee however received information on governance and its adherence to the Assembly’s recommendations sent by the IUCEA.

The objectives of the assessment were to assess whether governance and management systems of the institutions are good enough to guarantee performance and proper discharge of duties. It further sought to establish the implementation of the Assembly’s recommendations, strengthen governance and management systems of EAC Institutions and to establish extent to which the said institutions apply modern governance and management of applied technologies.

At the LVFO, the Committee reported the need for Council of Ministers to fast track accession of other Partner States to the LVFO  as well as the need to urge the Council of Ministers to avail current data of fish to LVFO for updates. This the Committee ascertains, arises from the fact that the quality of fish is declining despite achievements and initiatives by LVFO. Therefore, the Committee informed the House that it was vital to carry out comprehensive sensitisation, provide all amenities and other facilities to fish farmers to spur increase in numbers.

The Committee generally noted progress with regards to the status of implementation of the Assembly’s recommendations at the Jinja- based LVFO. The Assembly however calls on the Audit Commission to report during the next audit on a number of areas including the unclaimed Value Added Tax (VAT) and other outstanding areas such as the persisting overdue receivables. Other thematic areas include need to harmonise guidelines for development of fish cages, setting of regional standards for fish-feed and evidence of a disaster recovery plan.

On CASSOA, the Assembly observed that the budgetary constraints at the institution, prevent it from attracting qualified personnel and thus the Organogram is yet to be filled. In this regard, the Assembly urges the Council of Ministers to amend the CASSOA Protocol to enable the Assembly to approve its budget in accordance with the Treaty for the EAC. The Assembly is also categorical that CASSOA management relays its progress reports to the House.

It also wants the institution to relay to the Audit Commission progress on status of implementation of the Assembly’s recommendations with regards to its commendation to segregate duties within the payment process systems and on expenditure by the institution that is inadequately supported.

At debate time, Hon. Shyrose Bhanji remarked that Lake Victoria was a key component of integration from a multi-sectoral approach.“It is a source of food, employment and income for many people in East Africa. Yet one of the challenges facing the LVFO is funding. It is high time Mr Speaker sir for the LVFO to be empowered and strengthened so we realise benefits”, Hon. Bhanji said.

She also called on the Council of Ministers to ensure adequate sensitisation activities of the LVFO to create awareness.

Hon. Yves Nsabimana said it was important for Partner States to remit their contributions on time so that the programmes and projects are on time. “Lack of adequate contribution has caused problems to LVFO including late recruitment and borrowing from the general reserve funds among others. In CASSOA, the institution is not attractive to personnel and consequentially, key positions at the institution are not filled.”, he said.

Hon. Mumbi Ngaru remarked that the IUCEA had failed to honour the meeting called by the Assembly. “They opted to send a junior officer who could not interface with us”, she said, adding that the institution had eluded EALA for close to four years.

Hon. Bernard Mulengani lamented over the zero incremental budgeting, which, he remarked was depriving the EAC of progress. “I appeal to Council to check on some of the decisions of the Finance and Administration Committee, that constantly proposes the zero-budget increment”, Hon. Mulengani said.

Hon. Christophe Bazivamo decried the decreasing production of fisheries in Lake Victoria as well as in other lakes and rivers and said it was necessary for adequate fish feeds to be provided.

Also rising in support of the report were Hon. Pierre Celestin Rwigema, Hon. Emmanuel Nengo and Hon. Frederic Ngenzebuhoro

 

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