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20May2003.Pdf EAST AFRICAN COMMUNITY _________________ Official Report of the Proceedings of the East African Legislative Assembly 25TH SITTING – FIRST ASSEMBLY: THIRD MEETING - SECOND SESSION Tuesday, 20 May 2003 The East African Legislative Assembly met at 9.00 a.m. at the Chamber of the Assembly, Ngorongoro Wing, Sixth Floor, AICC Complex, Arusha PRAYERS [The Speaker, Hon. Abdulrahman Kinana in the Chair] The Assembly was called to Order. NOTICE OF MOTION TAKING COGNISANCE of the provisions of Article 59(1) The Chairperson Committee on of the Treaty; Legal, Rules and Privileges (Mr Jared Kangwana (Kenya): Mr PURSUANT to the Provisions Speaker, sir, I beg to move that on the of Rule 64 (5) & (9) of the allotted date, I intend to move a Rules of the House; Motion for a Resolution of this House to grant me leave, as the Chairperson DO NOW RESOLVE to grant of the Standing Committee on Legal, leave to the Chairperson, Rules and Privileges, to introduce a Standing Committee on Legal, Private Members’ Bill entitled the Rules and Privileges to Laws of the Community introduce a Private Member’s (Interpretation) Bill, 2003. Bill entitled “The Acts of the East African Legislative MOTION Assembly, Bill, 2003”. The Chairperson Committee on Mr Speaker, sir, let me give the Legal, Rules and Privileges Mr reasons why the Standing Committee Jared Kangwana (Kenya): Mr on Legal, Rules and Privileges deemed Speaker, sir, I beg to move the it necessary to come up with this Bill. following Motion: My Committee drafted this Bill and it THAT this Assembly, was our intention to seek leave of the House to bring it to the House as a Private Members’ Bill. However, the 1 Tuesday, 20 may 2003 East African Legislative Assembly Debates Counsel to the Community informed and we are about to pass the East us at that time that the best way out African Legislative Assembly Powers was to send the draft Bill to the and Privileges Bill. So, by bringing Council of Ministers to review and this Bill into the House, we are now bring it to the House as the Treaty establishing how other Bills will enjoins them. It has been some time become law. That is the reason why since that happened, and to date, we the Committee felt that we should seek have neither heard from the Counsel to leave of the House in order to bring the Community nor the Council of this Bill. If this Bill is passed into law, Ministers on what happened to that then a procedure will have been draft Bill. established on how a Bill becomes law. Mr Speaker, sir, the House will recall Mr Speaker, sir, I implore this House that when we were debating the Bill on to support the Motion and grant us the Powers and Privileges of this leave to lay the draft Bill before the House, it was decided that the House so that it can be debated and Attorneys General of the three East passed. I did attach to the Motion African Countries would be consulted before the House a copy of the Bill, but with regard to the Bill. So far, we have I do not think it has been circulated. heard from the Attorney General of But it will be done in due course. Uganda, but we have not heard from the Attorneys General of the Republic With those few remarks, I beg to of Kenya and Tanzania. But in the move. response of the Attorney General of the Republic of Uganda, he pointed out Mr Mabere Marando (Tanzania): the necessity and urgency of enacting Mr Speaker, sir, the Act that is being the East African Legislative Assembly proposed by the Chairperson of the law so that the procedure is set out Standing Committee on Legal, Rules clearly on how a Bill becomes law. and Privileges is very important. It is the Act that establishes the procedure At the moment, apart from the for enactment of the Acts of this framework that has been laid out in the House. It is the Act that proposes the Treaty that the principle role of the various steps that are to be taken by Assembly is to legislate, and the fact this House in the process of the passing that a Bill goes through three stages of the various Bills into proper and and then thereafter it is sent to the final legislation. It establishes and Heads of State for assent by the incorporates forms that the Hon. Speaker, there are no detailed Speaker will use in forwarding these guidelines on how that will be done. various statutes to the Summit for This Bill will seek to establish those assent and the final process of procedures so that there is no question enactment. It is, therefore, opportune at all as to what should happen before that the Act comes into place about this a Bill becomes law. If the procedure time. followed is questioned in any court of law, it can be pointed out clearly that This Act ought to have been in place the procedures that were followed were earlier than today. This is one of the in accordance with the law. pieces of legislation which we had expected the Council of Ministers to Mr Speaker, sir, I know that we have come up with, but the Standing passed the Community Emblems Bill Committee on Legal, Rules and 2 Tuesday, 20 may 2003 East African Legislative Assembly Debates Privileges has again, with humility, passing of this Bill will have to be taken the initiative to seek leave of the done in another Session. This also goes House to bring a Private Members’ to show that the Council of Ministers Bill, so that we get the proper process should look seriously at the Rules of of passing legislation into law. It is the House. When we request that we therefore our humble prayer that our sit for 120 days, it is because we know honourable colleagues will support the what work we have! Motion. With those remarks, I beg to support Mr Daniel Ogalo (Uganda): Mr the Motion. Speaker, sir, I rise to support the Motion, but I would like to point out Mr Med Kaggwa (Uganda): Mr two things. The Committees of this Speaker, sir, I also rise to support this House should seek technical advice Motion. I have two issues to raise on when bringing Private Members’ Bills. the matter. I implore the Chair to Drafting of Bills has apparently been impress it on the Council of Ministers taken over by this draftsman to assist that it is their responsibility to bring it. Bills to this House. But in as far as the situation on the ground is concerned, Mr Speaker, sir, the House Business they have not been able to bring any Committee, on behalf of this House, Bill at all. But at the same time, they did request that the Assembly employs have not been able to appreciate the a draftsman. That was included in the efforts of this House. Budget that was forwarded to the Council of Ministers. In its wisdom, I say that because Hon. Ogalo the Council of Ministers is of the view mentioned that the House Business that we do not need this technical Committee had rightly advised that a advice, and stuck out that request. draftsperson be recruited but the Council of Ministers turned down that It is important that the Council of request without appreciating the Ministers recognises that the requests purpose as to why this Assembly is in we make in the Budget are well place. That is very sad. intentioned, and that they are intended to make this Assembly work. When we Mr Speaker, sir, some of us have said have a draftsman, we only need to time and again that if the powers that work and make sure that we push the be were not prepared to have the integration process forward. It should organs in place, they should not have be noted that as we support the allowed for their creation. They should Committee on Legal, Rules and not have allowed for their creation and Privileges to introduce Private starve them of the tools to enable them Members’ Bills, technical advice is do their work. always needed to support their work. The other issue that I want to raise in Mr Speaker, sir, this Bill should have this Motion regards the Bill that we been the first one in this House but have already passed in this House. I since there is no money to enable us to am wondering whether the office of transact our business, this Bill will not the Speaker is very clear as to where be enacted during this Session. We that Bill is right now. I say this because have a limit of 60 days. So, after leave the Treaty states that if a Bill is not of this House has been granted, the assented to within three months, it 3 Tuesday, 20 may 2003 East African Legislative Assembly Debates lapses. I know that we passed the The Counsel to the Community (Mr Community Emblems Bill, and if I am Wilbert Kaahwa) (Ex-Officio): Mr. not mistaken, the three months are Speaker, sir, we appreciate the about to elapse. So, I would like to be sentiments expressed about the need of given assurance by the Speaker that a draftsman. I would like to inform the there is a method - and I am sure this House that I am not as stranded as it proposed Bill will strengthen that – appears.
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