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Rules of Procedure of Parliament

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Rules of Procedure of Parliament PART I PRELIMINARY 1. Short title These Rules may be cited as the Rules of Proce- dure of the Parliament of Uganda. 2. Interpretation (1) In these Rules of Procedure, unless the con- text otherwise requires— “Arms” means fire arms; “Bill” means the draft of an Act of Parliament and includes both a Private Member’s Bill and a Gov- ernment Bill; “By order of Parliament or the House” or any expression of similar import, means ordered by a majority decision of the House; “Cabinet” means the Cabinet of Uganda and in- cludes the President, the Vice President, the Prime Minister and such number of Ministers as may ap- pear to the President to be reasonably necessary for the efficient running of the State; “Chairperson” means a person presiding over a Committee; “Chief Opposition Whip” means a Member ap- pointed by the party in opposition to the Govern- 1 ment and having the greatest numerical strength in Parliament; “Clerk” means the Clerk to Parliament, a Deputy Clerk or any Clerk Assistant; “Commission” means the Parliamentary Commis- sion established under the Administration of Par- liament Act; “Commissioner” means a Member of the Com- mission; “Committee” means a Committee of the Whole House, a Standing Committee, a Sectoral Com- mittee, a Select Committee, an adhoc Committee or any other Committee of Parliament; “Committee of the Whole House” means a Com- mittee composed of the whole body of Members of Parliament; “Constitution” means the Constitution of the Re- public of Uganda; “Division” means the division of Members in the lobbies for the purpose of voting as described in rule 90 of these Rules; “Functions” means tasks or mandates and in- cludes powers and duties; “Government Chief Whip” means a Member ap- pointed by the Government from among the Mem- 2 bers of Parliament representing the ruling party. “House” means a sitting of Members in the Cham- ber of Parliament; “Independent Member” means a Member elect- ed independent of any political organisation or political party; “Leader of Government Business” means the Prime Minister appointed by the President, with the approval of Parliament and responsible for gov- ernment business in the House; “Leader of the Opposition” means the Parliamen- tary leader elected by the party in opposition hav- ing the greatest numerical strength in Parliament and officially announced as such by the Speaker; “Leave of Parliament or the House” or any ex- pression of similar import, means permission or agreement given by the majority of Members of the House; “Lobby” means the covered corridor adjoining the Chamber of Parliament; and includes any place which makes it possible to separate Members vot- ing for any motion from Members voting against; “Meeting” means any sitting or sittings of Parlia- ment commencing when Parliament first meets af- ter being summoned at any time and ending when Parliament is adjourned sine die or at the conclu- sion of a session; 3 “Member” means a Member of Parliament; “Minister” means a Minister of Government and includes a Prime Minister, a Deputy Prime Minister, and a Minister of State; “Motion” means a proposal made by a Member that Parliament or a Committee of Parliament do something, order something to be done or express an opinion concerning some matter; “Official Report” means the official report referred to in rule 215 of these Rules; “Paper” means any document in any form that may be laid on the Table; “Party or Organisation” means a registered po- litical party or organisation that has representation in Parliament; “Petition” means a written prayer or plea present- ed to Parliament; and includes all similar submis- sions whether relating to public or private matters of general policy, or to redress local or personal grievances; “Prayer” means the prayer prescribed in Appendix A; “Precincts of the House or Parliament” means the Chamber, the lobbies, the galleries and grounds of Parliament building and such other places as the Speaker may from time to time specify; 4 “Private Members Business” means business other than Government business and includes business of the Opposition parties or individual Members; “Question” except in respect of question time or period and a question of privileges, means a proposal presented to Parliament or a Committee of Parliament by the Speaker or Chairperson for consideration and decision or disposal in some manner; “Recess” means a period during which the House stands adjourned to any other day other than the next normal sitting day; “Sergeant-at-Arms” includes Deputy Sergeant at- Arms and any Assistant Sergeant at-Arms; “Session” is a period beginning with the date when Parliament commences to sit upon being summoned by the Speaker by proclamation under clause (2) of Article 95 of the Constitution, and ending with the date when it is prorogued by the Speaker under clause (3) of that article or when it is dissolved under article 96 of the Constitution; “Shadow cabinet” means Members of the Oppo- sition in Parliament appointed by the Leader of the Opposition, in consultation with his or her Party leadership, with portfolios and functions that cor- respond to those of Cabinet Ministers; 5 “Sitting” means a period during which Parliament is sitting continuously without adjournment and includes any period during which it is in Commit- tee; “Speaker” means the Speaker of Parliament, and includes the Deputy Speaker; “Stranger” means a person other than the Presi- dent, Vice-President, Prime Minister, the Speaker, a Minister, a Member, or an officer of the House; “Subcommittee” means sub-committee of a Committee of the House; “Substantive motion” means an independent motion of which notice is duly given but which is neither incidental nor relating to a proceeding or order of the day already before the House; “Table” means the Clerk’s Table; “Tabling” means the laying of an official docu- ment on the Table and laying before Parliament shall be construed accordingly; “Whip” means a Member appointed by the lead- ership of a party or organisation to look after the conduct of its Members in relation to the business of the House or Committee. (2) In these Rules a reference to an ex—officio Member of Parliament means a Vice-Presi- dent or Minister who, not being an elected 6 Member of Parliament is a Member by vir- tue of paragraph (d) of clause (1) of arti- cle 78 of the Constitution and who is, un- der that provision, not allowed to vote on any issue requiring a vote in Parliament. (3) Where any reference is made in these Rules to a matter concerning the privileges of the House, it shall be taken to be a reference to privileges of the House within the meaning of the Parlia- ment (Powers and Privileges) Act, Cap. 258. 7 PART II OATHS, ELECTIONS, GENERAL AUTHORITY OF SPEAKER, SUSPENSION OF RULES, WHIPS AND RELATED MATTERS 3 Oath of Member (1) Every Member shall before formally taking his or her seat in Parliament, take and subscribe in a manner prescribed by law, the Oath of Allegiance and the Oath of a Member of Par- liament as specified in the Fourth Schedule to the Constitution. (2) Except for purposes of taking the Oaths re- ferred to in sub rule (1), no person shall sit or vote in Parliament before taking and sub- scribing those Oaths. (3) The Clerk shall administer the Oaths referred to in sub rule (1) at the first sitting of Parlia- ment. (4) Subsequent Oaths of Allegiance of Members of Parliament shall be administered by the Speaker before the House. 4. Language The proceedings and debates of Parliament shall be in English. 8 5. Election of Speaker (1) The Speaker shall be elected by the Members of Parliament from among their number. (2) A person shall not be qualified to be elected as Speaker if he or she is a Vice President, Prime Minister or a Minister. (3) No business shall be transacted in Parliament other than an election to the office of Speak- er at any time that the office of the Speaker is vacant. (4) The Chief Justice or a Judge designated by the Chief Justice shall preside at an election of a Speaker. (5) A person being proposed as candidate to the office of Speaker shall give his or her consent to the nomination. (6) Subject to sub rule (10), of this rule, the elec- tion of a Speaker shall be by secret ballot. (7) At an election of the Speaker the presiding officer shall invite nominations from Mem- bers of Parliament present. (8) A Member making a nomination shall move a motion that “(Name)........do take the Chair of this Parliament ‘as the Speaker’” and shall give a brief statement of the background and qualifications of the nominee. 9 (9) Nomination shall be seconded. (10) If only one person is nominated, he or she shall be declared elected and conducted to the Chair. (11) Where more than one person is nominated, the House shall proceed to elect a Speaker. (12) When all nominations have been received, the person presiding shall announce that “the ballot will now be taken”. (13) Voting shall be in the following manner— (a) the Clerk shall ascertain the number of Members present; (b) before voting commences, the person presiding shall cause to be produced one ballot box and cause to be demon- strated the fact that it is empty; (c) the person presiding shall cause to be given to each Member of Parliament present a ballot paper on which the Member may record his or her vote by writing the name of the person for whom he or she wishes to vote and depositing it in the ballot box; (d) a Member who wishes to vote shall proceed to a booth or designated area for the purpose and located within rea- 10 sonable distance
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