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In the East African Legislative Assembly (Eala) EAST AFRICAN COMMUNITY _______________ IN THE EAST AFRICAN LEGISLATIVE ASSEMBLY (EALA) The Official Report of the Proceedings of the East African Legislative Assembly 130TH SITTING - THIRD ASSEMBLY: FIFTH MEETING – FOURTH SESSION Wednesday, 16 March 2016 The East African Legislative Assembly met at 2:30 p.m. in the Kilimanjaro Auditorium, Bank of Tanzania Building, Dar-es-Salaam, Tanzania PRAYER (The Speaker, Mr. Daniel Fred Kidega, in the Chair) (The Assembly was called to order.) ______________________________________________________________________________ PAPERS (Hon. Dora Byamukama laid the report on the Table) The Speaker: Hon. Members, we will have the Chairperson, Committee on Legal Rules COMMUNICATION FROM THE CHAIR and Privileges represented by hon. Dora. The Speaker: Thank you hon. Dora. Hon. Ms. Dora Byamukama (Uganda): Mr. Colleagues, before we go to Order No.3, Speaker, Sir, on behalf of the Chair of the today, we are again blessed to have very Committee on Legal, Rules and Privileges important visitors in our gallery. I would like Committee and my colleagues, I beg to lay to recognise them. We have nine Members of the following Paper on the Table:- the Tana River County of the Republic of Kenya led by the Rt. Hon. Speaker, Dr. A report of the Committee on Legal, Rules Mohamed Nur. A number of staff members and Privileges on the Oversight Activities on accompanies them. the Approximation and Harmonisation of National Laws in the EAC Context. You are most welcome. Please, rise for recognition. I think they are not yet in the I beg to lay. House. (Applause) Wednesday, 16 March 2016 East African Legislative Assembly Debates We have a representative of the EAC Youth Mr. Frederic Ngenzebuhoro (Burundi): Ambassadors Platform led by the youth On a point of order, Mr. Speaker, Sir. Ambassador, Tanzania, Mr. Raphael According to our Rules of Procedure, the Kambomune and the Deputy Ambassador, quorum of the House must consist of half of Lucy. We have representatives of the East the Members. We only have 20 Members. African Youth, Tanzania, made up of 35 Could you ask that Members who are outside EAC youth club leaders from five secondary come in? schools and six universities in Dar es Salaam. The delegation is led by the Executive The Speaker: Thank you very much. I know Chairman of the EAC youth of Tanzania, Mr. that most of the Members are within the Gwakisa Makaranga. You are most welcome. precincts of Parliament. They are available. I Rise up for recognition. I thank you so much know that they are all around. The Members as young people for taking interest in the of the Committee on General Purpose are EAC integration. more or less in here. It would not hurt, in the interest of time, if we proceeded. However, MOTION FOR THE CONSIDERATION in a few minutes, hon. Ngenzebuhoro, remind AND ADOPTION OF THE REPORT OF this House if the Members who are outside do THE COMMITTEE ON LEGAL, RULES not come in. AND PRIVILEGES ON THE OVERSIGHT ACTIVITIES ON THE APPROXIMATION Sergeant-at-Arms, could you ensure that AND HARMONISATION OF NATIONAL Members who are outside come in urgently? LAWS IN THE EAC CONTEXT MOTION Yes, hon. Dora, on behalf of the Chairperson of the Committee on Legal, Rules, and Ms. Dora Byamukama (Uganda): Mr. Privileges. Speaker, Sir, I would like to move – Ms. Dora Byamukama (Uganda): Thank That, the Report of the Committee on you Mr. Speaker, Sir. I would like to present Legal, Rules and Privileges on the the report of the Committee on Legal, Rules Oversight Activities on the and Privileges on the Oversight Activities on Approximation and Harmonisation of the Approximation and Harmonisation of National Laws in the EAC Context be National Laws in the EAC Context. The adopted. report reads as follows. I beg to move. Background Information The Speaker: Thank you hon. Dora. Where The Committee on Legal, Rules and are the seconders? Yes, hon. Pareno, hon. Privileges is a Standing Committee of the Maryam, hon. Bazivamo, hon. Kiangoi and East African Legislative Assembly hon. Sarah. established under Article 48(3) of the Treaty for the establishment of the EAC and Rule The Speaker: Hon. Dora, proceed and 80(2) (b) of the Rules of Procedure of the present the Report on behalf of the Assembly. Chairperson - (Interjection) – One of the main functions of the Committee as provided for under Rule 81 and annex 5 of 2 Wednesday, 16 March 2016 East African Legislative Assembly Debates the Rules of Procedure of the Assembly is to Meetings of the Sub-Committee are always assess and evaluate the implementation of preceded by meetings of a taskforce made up Chapter 24 of the Treaty. of delegates from the Attorneys General Chambers, Law Reform Commissions, Harmonisation of National Laws Ministries in charge of EAC Affairs and Pertaining to the Community officers from the relevant Ministries whose laws are being reviewed. The reports of the Chapter Twenty-Four of the Treaty provides Sub-Committee are considered by the for cooperation in Legal and Judicial Affairs. Sectoral Council on Legal and Judicial Specifically, Article 126 (2) (b) of the Treaty Affairs and thereafter by the Council of provides that; Ministers. The Council of Ministers make directives to Partner States to amend/enact “Partner States shall through their national laws in accordance with the appropriate national institutions take all recommendations made by the Sub- necessary steps to harmonise all their Committee. national laws appertaining to the Community”. Justification In line with that provision of the Treaty, the Harmonisation of national laws is one of the EAC Partner States established a Sub- critical steps required to facilitate regional Committee on the Approximation of National integration. A process has to go hand in hand Laws in the EAC context, which is referred with other undertakings of Partner States. to as the Sub-Committee. The genesis of the Otherwise, all agreed national laws would Sub-Committee is traced back to the re- hamper programmes and stages of establishment of the East African integration. Community. It originates from the meeting of Attorneys General held in Mombasa, The Committee on Legal, Rules and Republic of Kenya, 3rd to 5th September 1997, Privileges is mandated to oversee the which established a Tripartite Committee of implementation of Chapter Twenty Four of National Experts on Harmonisation of Laws the Treaty, which provides for cooperation in to spearhead the harmonisation of legal and judicial affairs. Harmonisation of legislations in Partner States. national laws appertaining to the Community is one of the areas within the scope of The Sub-Committee consisted of the heads of cooperation under Chapter twenty-four. Legislative Drafting Departments from the Premised on this background, the Committee Attorneys-General Chambers; the on Legal, Rules and Privileges undertook an Chairpersons of the Law Reform oversight activity on harmonisation of Commissions; Officers from the Ministries national laws from 22 to 26 February 2016. whose sectors require harmonisation of laws and any additional members that the Objectives Tripartite Committee could co-opt. The name of the Sub-Committee was modified from The main objective of this activity was to time to time; it is now known as the Sub- assess and evaluate the process of Committee on Approximation of National harmonisation of national laws appertaining Laws in the EAC Context. to the Community. The specific objectives were: 3 Wednesday, 16 March 2016 East African Legislative Assembly Debates i. to assess and review the activities EAC context consists of studying and of the Sub-Committee; analysing various laws of the Partner States ii. to examine the process of to establish the gaps, differences, weaknesses harmonisation of national laws; and similarities therein. The Sub-Committee and, compares the existing laws of the Partner iii. to make recommendations on States and identifies principles in line with how to improve the process of the Treaty and international best practices to harmonising national laws guide the approximation process. The appertaining to the Community. Committee observed that the adoption of approximation approach is not in line with Methodology the requirement of the Treaty. Article 126 (2) (b) requires Partner States to harmonise their The Committee conducted a Meeting in national laws and not to just approximate Arusha, United Republic of Tanzania, from them. 22 - 26 February 2016, and carried out the following activities: Development of Model Laws Approach i. reviewed reports produced by the Sub-Committee; A model law is a model of legislative text on ii. received a presentation from the a specific area of law that is recommended to Office of the Counsel to the the Partner States for adoption and enactment Community (CTC) on the progress as part of their national law. The major made in the harmonisation of national objective of model laws is to align the laws appertaining to the Community; different national laws without necessarily iii. held discussions with the Office of coming up with a uniform piece of CTC on the process of harmonisation legislation. The Committee further observed of national laws; and, that the phrase “model law” connotes a law iv. deliberated and prepared this report. enacted by the Assembly and not a legal framework that can be used by Partner States FINDINGS OF THE COMMITTEE to develop their national law. In order to avoid this ambiguity, the Committee was of Harmonisation Approaches Used by the the view that the phrase model laws in this Sub-Committee contexts should be referred to as ‘model legal frameworks’ since EALA is the only EAC The Committee was informed that the sub- Organ with the mandate to enact laws. committee adopted approximation of national laws and development of model laws Harmonisation of Laws outside the Sub- as approaches to the harmonisation of Committee Framework national laws pertaining to the Community.
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