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In the East African Legislative EAST AFRICAN COMMUNITY _____________ IN THE EAST AFRICAN LEGISLATIVE ASSEMBLY (EALA) The Official Report of the Proceedings of the East African Legislative Assembly 125TH SITTING-FOURTH MEETING – FOURTH SESSION – THIRD ASSEMBLY Thursday, 4 February 2016 The East African Legislative Assembly met at 2.30 p.m. in the Chamber of the Assembly, EAC Headquarters Building in Arusha, Tanzania. PRAYER (The Speaker, Mr. Daniel .F. Kidega, in the Chair.) (The Assembly was called to order) ___________________________________________________________________________ COMMUNICATION FROM THE CHAIR (by the Chairperson of the Committee on Legal, Rules and Privilege (Mr Peter Mathuki) The Speaker: Honourable Members, (Kenya) : good afternoon. Today we are having special guests in our gallery. I will be The Report of the Committee on Legal, introducing them as we progress. Rules and Privileges on the However, let me take this opportunity to consultations following a Resolution recognise one group; these are the moved under Rule 30 (j) of the petitioners on the humanitarian situation in Assembly Rules of Procedure on a Burundi. The representative of Pan matter of privileges arising from a African Lawyers Union is here; the threat of tenure of office of four representative of the East African Law Members of the East African Society is here; and the representative of Legislative Assembly. East African Civil Societies Organisations is here. You are most welcome. (ii) (Applause) PAPERS (by the Chairperson of the Committee on Regional Affairs and Conflict resolution (Mr The following Papers were laid on the Table: Abdullah Mwinyi) (Tanzania) : (i) Thursday, 4 February 2016 East African Legislative Assembly Debates The Report of the Committee on very explicitly set out from point 1, 2, 3 Regional Affairs and Conflict with all its sub- elements up to point f. Resolution on the Public Hearing on a Petition by the Pan African Lawyers Now, for the record, if I could read, “Subject to this Article, the elected Union on the Deteriorating Human Members of this Assembly shall hold office Rights and Humanitarian Situation in for five years and be eligible for re- Burundi. election for a further term of five years; MOTION FOR A RESOLUTION OF 2) The terms and conditions of service of THE ASSEMBLY MOVED UNDER the Members of the Assembly shall be RULE 30 (J) OF THE RULES OF THE determined by the Summit on the ASSEMBLY ON A MATTER OF recommendation of the Council: PRIVILEGE ARISING FROM A THREAT TO TENURE OF OFFICE 3) An elected Member of the Assembly shall vacate his or her seat in the The Speaker: Thank you very much. Assembly upon a happening of any one of Honourable Members, on the afternoon of the following events: Wednesday, 25 November 2015 in Kigali, the Republic of Rwanda, and Hon. Ogle (a) Upon the delivery of his or her moved a motion under the said provision resignation in writing to the Speaker of the of our Rules of Procedure. The motion was Assembly; dully seconded, and the mover, the Hon. Ogle justified it. (b) Upon his or her ceasing to be qualified for election as an elected Member; After that, the motion was then referred to the Committee on Legal, Rules and (c) Upon his or her election or nomination Privileges to do a deeper analysis of the as a Member of the National Assembly of a legal provisions surrounding this motion Partner State; and its implications to the Assembly (d) Upon his or her appointment as a generally, and to come up with a bigger Minister in the Government of a Partner picture of the motion since it touches on State; the privileges of Members and the Assembly. (e) Upon his or her having been absent from the Assembly for a period and in such I would now like to call upon the mover of circumstances as prescribed by the Rules this motion, Hon. Ogle, to remind this of Procedure of the Assembly or else upon House about his motion before I invite the his or her conviction by a court of Chairman of the Committee on Legal, competent jurisdiction of an offence and Rules and Privileges to present his report sentenced to imprisonment for a term as per our reference to his Committee. exceeding six months if no appeal has been Mr Abubakar Ogle (Kenya): Thank you, preferred against such a decision;” Mr Speaker. Rt. Hon. Speaker, mine is just Now that is very clear. Coming back to my very briefly to refresh Members’ memories motion, the four Members from Burundi about the importance and the actual have not been subjected to either of these essence of that motion. Now, it is provisions, which are clearly set out in the predicated on the provisions of Article 51 Treaty. To the best of my recollection and of the Treaty regarding the tenure of knowledge, none of the four Members has elected Members of EALA. The tendered in their resignation letter to the provisions of the Article are very clear – Speaker of the Assembly. 2 Thursday, 4 February 2016 East African Legislative Assembly Debates To the best of my recollection and East African Community (the Treaty) and knowledge, none of the four Members has Rule 80 (2)(b) of the EALA Rules of been convicted of any crime or sentenced Procedure. One of the functions of the to a period of six months or above. To the Committee on LRP as provided by Rule best of my conviction, none of them has 81 and Annex 5 of the Rules of Procedure been appointed to a ministerial position or of the Assembly is to receive, review, otherwise. scrutinize and investigate the complaints of breaches of the Independent Mandate, Now, in the circumstances, nobody else Privileges and Immunities of the has any right other than what is provided Assembly. for in our Treaty and the Rules of Procedure there too that can interfere with 1.1 BACKGROUND the tenure of a Member. On 3 November 2015, the Rt. Hon. Pascal Rt. Hon. Speaker, having said that, it must Nyabenda, Speaker of the Burundi also be noted that any other attempt to National Assembly communicated to the interfere with a Member’s right to be in Rt. Hon. Daniel Fred Kidega, Speaker of this House amounts to a total raid on the EALA on the cessation of membership of sanctity and integrity of this House. We EALA of four Hon. Members from ought to be defending the reputation and Burundi. The cessation was said to be in sanctity of this Assembly. accordance with Article 51 (3) (b) of the Treaty on the following grounds: The framers of this Treaty envisaged a very independent institution, which has a) Hon. Jeremie Ngendakumana was certain mandate and duties to do. And we elected by the Burundi National will not allow – this is an opportunity for Assembly representing the this House to state very clearly that we CNDD-FDD Party and which has will not allow any interference- not from expelled him from among its any Speaker of Burundi and not from ranks; anyone else. With those few remarks, Mr b) Hon. Dr. Martin Nduwimana and Speaker, I beg to move. Hon. Frederic Ngenzebuhoro were elected by the Burundi National The Speaker: Thank you. I now call upon Assembly representing UPRONA the Chair of the Committee on Legal, Party which by a decision Rules and Privileges to present the 003/2015 and 002/2015 findings of the Committee. terminated their Membership; and The Chairperson, Committee on Legal, c) The National Assembly of Rules and Privilege (Mr. Peter Burundi elected Hon. Yves Mathuki) (Kenya): Thank you very Nsabimana from FRODEBU much, Rt. Hon. Speaker. Nyakuri Political Party, which is no longer represented in the INTRODUCTION AND BACKGROUND current Burundi National INFORMATION Assembly. 1.0 INTRODUCTION Upon receipt of the said letter, the Rt. Hon. The Committee on Legal, Rules and Speaker of EALA informed the concerned Privileges (LRP) is a Standing Committee Hon. Members and requested the Counsel of the East African Legislative Assembly to the Community (CTC) to give his (EALA) established under Article 48 (3) written opinion on the matter. On 16 of the Treaty for the Establishment of the November 2015, the CTC provided his 3 Thursday, 4 February 2016 East African Legislative Assembly Debates detailed opinion. Basing on the opinion amount to an affront principals of provided by CTC, the Rt. Hon. Speaker of the Treaty; EALA replied to the letter of the Speaker of the Burundi National Assembly in (iv) Appeal to the other Organs and which he communicated that: “After Institutions of the Community consultations with the relevant offices, I including the Summit to utmost to have found it is not tenable that the guarantee the sovereignty and membership of the said Members has security of all Members of EALA ceased because the letter was contrary to and staff of all other Organs and Article 51 of the Treaty and other Institutions of this Community; provisions of the Treaty. (v) Condemn in the strongest terms Consequently, on 25 November 2015, the possible all attempts to undermine Rt. Hon. Speaker of EALA, during his the integrity of this Assembly and communication to the Third Meeting of 4th the claim to the privileges and Session of the Third Assembly, held in status of its Members. Kigali, informed the Assembly about the The Rt. Hon. Speaker referred the motion letter he received from the Speaker of to the Committee on Legal Rules and Burundi National Assembly and all the Privileges for consideration. steps he had taken to address the matter. 1.0 METHODOLOGY On 25 November 2015, Hon. Abubakar Ogle moved a motion under Rule 30(j) of a) The Committee held a meeting in the Rules of Procedure for a resolution of Arusha, United Republic of Tanzania the Assembly on a matter of privilege on 27 January and 3 February 2016.
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