Press Release

EALA sitting to be held in Kigali next week

The East African Legislative Assembly (EALA) shall hold its sitting in Kigali, Rwanda, next week. The Plenary, which takes place from Monday, 22nd November 2015 to Friday, 4th December 2015, is the Third Meeting of the Fourth Session of the Third Assembly.

The Assembly is to be presided over by the Speaker, Rt Hon. Daniel F. Kidega. Top on the agenda during the two week period is the Special sitting expected to be addressed by the President of the Republic of Rwanda, H.E. Paul Kagame.

Two key Bills on the cards at the EALA meeting are the EAC Disaster Risk Reduction Bill 2013 and the EAC Forestry Management Bill 2014.

The EAC Forestry Management Bill 2014 seeks to promote the development, protection, conservation, sustainable management and use of the forests in the Community especially trans-boundary forests ecosystems, in the interest of present and future generations.

It further wants to espouse the scientific, cultural and socio-economic values of forests and harmonise national forest laws.

The Assembly adjourned debate on the Forest Management and Protection Bill, 2014 at its last Sitting in Nairobi in October 2015. The adjournment at Committee stage followed the successful Motion for the same, tabled by the Chair of EAC Council of Ministers, Hon. Dr Harrison Mwakyembe, seeking for more time to enable the United Republic of Tanzania to make input.

Hon. Dr Mwakyembe then informed the House that the United Republic of Tanzania was expected to go to the polls in October and that it was necessary for the debate to be put on hold until such time that a new Government is in place to effectively enable the Partner State to make its input.

The EAC Disaster Risk Reduction Bill 2013, on its part, seeks to provide a legal framework for intervention and assistance for people affected by Climate Change and natural-related hazards and to protect the natural environment through integration of comprehensive Disaster Risk Reduction and management practices in the EAC.

Debate on the Bill, moved for second reading in August 2013, was halted following a request by the Council of Ministers to consult and consider its policy implications. The EAC Ministers’ further called for the taking over of the Bill for appropriate amendment and re-introduction as a Council of Ministers’ Bill. At the same time, the move was to allow for pursuit of the ratification of the EAC Protocol on Peace and Security which among other objectives, provides for co-operation in DRR management and crisis response.

During the Plenary Sittings, the House is also expected to receive and to debate on a number of reports. They include that of the Committee on Accounts for the Audited Financial Statements of EAC for the Financial Year ended 30th June 2014 and the Committee on Agriculture, Tourism and Natural Resources report on the sensitisation workshop on standards by the African Organisation of Standardisation.

The Report of the Committee on Communication, Trade and Investment on the on-spot assessment of One-Stop Border Posts in the EAC is also expected to be tabled and debated.

In addition, the Committee on Legal, Rules and Privileges shall table its Report on the implementation of Resolutions and Questions of the Assembly and Council commitments.

EALA sittings are held under the principle of rotation in line with Article 55 of the EAC Treaty. Its last sitting took place in Nairobi, Kenya in October 2015. EALA meets at least once in every year at its headquarter in Arusha, Tanzania.

EAC Secretary-General hosts Dinner for outgoing EU Ambassador

The East African Community (EAC) Secretary-General, Amb. Dr Richard Sezibera over the weekend hosted the outgoing Ambassador of the Head of Delegation to Tanzania and East African Community at European Union, H.E. Filiberto Ceriani Sebregondi to a farewell dinner at the Arusha Coffee Lodge.

Speaking at the dinner, the Secretary-General extolled the outgoing Ambassador for not only enhancing greater development for the people of East Africa, but also for his immense contribution to the EAC integration agenda.

“Although this is a sobering moment, I am glad that you, Amb. Sebregondi, have been a part of our success,” said Amb. Sezibera. “I would also like to thank the EU for believing in us and for supporting our objective of widening and deepening cooperation among the Partner States in, among others, political, social, economic and social fields for the mutual benefits of our citizenry”, he said.

Under the leadership of Amb. Sebregondi, the EU supported EAC’s Regional Integrated Support Programmes (RISP 3) – (Euro 2.7 Mil); Maritime Security Programme (MASE) – (Euro 2.3 Mil); Regional Electoral Support Programme to support strengthening of the EAC electoral observation methodology (EAC RESP) – (Euro 5 Mil); the Inter-Regional Coordinating Committee (IRCC) – (Euro 1.5 Mil), in addition to supporting several East Africa infrastructure projects including the Road Network / Road Transport Corridors, Energy Sector and One-Stop Border Posts.

Court allows Hon. Zziwa to give evidence in her case against the Secretary-General

The First Instance Division overruled the objections of the Secretary-General blocking Hon. Zziwa from giving evidence in Court without seeking leave of the Assembly. This is her case versus the Secretary-General alleging that the process of her removal from the Office of EALA Speaker was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community. The Court went further and re-scheduled the matter for hearing on 18th and 19th November 2015.

In its ruling, the Court said that it found that it has not been satisfactorily established before the Court that the evidence the Applicant intends to adduce before the Court does not fall in the ambit (realm) of Section 20 of the EALA Powers and Privileges Act 2003. That it would be premature at this stage to forestall her (Applicant) evidence on the pretext (alleged reason) that it does not comply with the provision of the said Section and again, the Court held that it would also be premature to adjudge the Applicant’s evidence and prevent her from testifying in her matter.

The Court reiterated its earlier position that the Act is a valid Community Law and must be complied with by all the witnesses that seek to adduce evidence in Court, however that the only exception in this regard for present purposes would be the Clerk to the Assembly who was summoned as a witness in this matter pursuant to the Court order that must be obeyed.

Further, that it is non-negotiable tenet (principle) of the Rule of Law that all Court’s orders must be respected and obeyed. In that result, the Court was satisfied that the documentation produced by the Clerk to the Assembly is properly on record pursuant to Court order and the Clerk is under legal obligation to appear as a witness in this matter pursuant to the said order without need for special leave of the Assembly. The Court also added that in any event should he in his own volition / option deem it necessary to seek leave of the Assembly, the onus / duty will be upon him having been duly served with the witness summons to secure the said leave.

This matter previously was scheduled for hearing of oral evidence on 8th and 9th September 2015, however the Respondent (Secretary-General) represented by Mr Stephen Agaba raised the preliminary objection on a preliminary point of law premised on Sec 20 of the EALA Powers and Privileges Act 2003. The main issue was that the witnesses were all Members and Officers of EALA but had not secured the leave from the Assembly to adduce evidence in the Court.

The subject of the main case is that the Applicant (Zziwa) alleges that in contravention of Articles 53 and 56 of the Treaty, Rule 9 and Annex 3 of the Rules of Procedure of EALA and Rule of law, on 26th November 2014, some members of EALA convened in the Assembly chambers, summoned the Clerk of the Assembly to “preside over the Assembly”, re-instated a motion / process of removal of the Speaker, referred the motion to the Committee on Legal, Rules and Privileges for investigations, “suspended” the Speaker / Applicant from exercising the functions of the Office of Speaker and appointed one of them to preside over the proceedings. That the Committee’s action of conducting investigations on a non-existing motion was an illegality. That the Committee as constituted for the purposes of investigations was improper and breached the rules of natural justice, specifically the rule against bias.

The Court had directed the Clerk of the East African Legislative Assembly to appear in Court as one of the witnesses who was required to give evidence but he did not appear in Court.

In February 2015, the Court allowed Hon. Margaret Nantongo Zziwa to withdraw her Application seeking to stop her impeachment from the Office of the Speaker because the prayers sought had been overtaken by events and the Assembly had elected a new Speaker.

The ruling of the Court was delivered by a bench of three Hon. Judges of the First Instance Division composed of Honourable Lady Justice Monica Mugenyi (Principal Judge), Justice Fakihi A. Jundu and Justice Audace Ngiye in open Court.

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