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East African Legislative Assembly (Eala) EAST AFRICAN COMMUNITY _______________ EAST AFRICAN LEGISLATIVE ASSEMBLY (EALA) The Official Report of the Proceedings of the East African Legislative Assembly 7TH SITTING - FOURTH ASSEMBLY: SECOND MEETING – FIRST SESSION Thursday, 8th February 2018 The East African Legislative Assembly met at 9:30 a.m. at the Parliament of Uganda Chambers – Parliamentary Avenue, Kampala, Uganda PRAYER (The Speaker, Mr. Martin Ngoga, in the Chair) (The Assembly was called to order at 9.30 a.m.) _______________________________________________________________ COMMUNICATION FROM THE national level not only among the citizens but CHAIR also among the national parliaments. The national parliaments are our main The Speaker: Good morning honourable constituencies. Members. Yesterday, Members of the Commission and I had a very good meeting We discussed issues with the Committee on with the Ugandan Parliament Committee on EAC Affairs of the Parliament of Uganda on EAC Affairs. This was on their invitation. the need to enhance our partnerships and to We discussed a range of issues on how best bring our activities closer to national we can enhance our strategic partnerships parliaments. The Parliament of Uganda will between our regional assembly and the work with us towards that direction. We Parliament of Uganda and in general with thank them for their invitation and I thank national parliaments. Members of the Commission who joined me for that fruitful meeting. That kind of Honourable Members, you know that one engagement will continue not only with the area where we have not been doing well is on Parliament of Uganda but also with all how closely we should work with national national parliaments of our respective Partner parliaments. It is a fact that what we do at the States. Thank you. regional level is not known enough at the Thursday, 8th February, 2018 East African Legislative Assembly Debates BILL (Ms Nkuhi Fancy, Mr Nooru Adan Mohamed, Mr Aden Omar Abdikadir First Reading and Mr Namara Dennis) THE EAST AFRICA COMMUNITY Mr Mbidde: Mr. Speaker Sir, I will proceed OATHS BILL, 2017 with my justification. This Motion is moved under Section 20 of the Assembly’s Powers The Minister of State for East African and Privileges Act and Rule 23. Community Affairs, Uganda (Mr Julius Wandera Maganda) (Ex-Officio): Mr. It is a Motion seeking leave to use records of Speaker, I beg to move:- the House for court purposes in the East African Court of Justice, Case Ref. No.2 of THAT, the East African Community 2018. Oath Bill, 2017, be read for the first time. I beg to move. WHEREAS the Fourth Assembly was dully convened for the first Meeting of the First The Speaker: Seconders. Session of the Fourth Assembly, vide the letter of the Clerk dated 1st December 2017; (D. Anthony Kafumbe, Dr Ann Leonardo Itto and WHEREAS the Assembly duly met from 15th M. Rwigema Pierre Celestin seconded the to 23rd December 2017 to perform its Motion) inaugural activities in line with the provisions of the Rules of the Assembly (The Bill was read – read for the first time – specifically Rule 4,5 and 6; and committed to the Committee on Legal, Rules and Privileges) AND WHEREAS it has come to the knowledge of hon. Mbidde Mukasa Fred that the aforesaid processes that were undertaken by the Assembly in line with its mandate MOTION under its Rules are now a subject of court proceedings in the East African Court of SEEKING SPECIAL LEAVE OF THE Justice under Ref.No.2 of 2018, filed by the HOUSE TO USE RECORDS OF THE Attorney General of the Republic of Burundi HOUSE FOR COURT PURPOSES versus the Secretary General of the IN THE EACJ (CASE REF NO.02 Community. The subject matter of the case OF 2018) being that the Attorney General of the Republic of Burundi is challenging the Mr Fred Mukasa Mbidde (Uganda): Mr. election of the Speaker; Speaker, Sir, I beg to move a Motion seeking special leave of the House to use CONVINCED THAT the matters raised in the records of the House for court purposes in reference touch on the sanctity of the the East African Court of Justice (EACJ), Assembly within its jurisdiction and therefore Case Reference No.02 of 2018. should be well represented in court, the absence of which may lead to a The Speaker: Seconders: misrepresentation of the Assembly. It is therefore, of utmost importance to enjoin 2 Thursday, 8th February, 2018 East African Legislative Assembly Debates Hon. Mbidde as an interested party to the 4. The list of Members of the Fourth Assembly case Reference No.02 of 2018. as tabled by the Clerk during the inauguration sitting. GUIDED HOWEVER, by Section 20(1) of the 5. Nomination papers of all candidates who Assembly Powers and Privileges Act, 2003; were nominated for Speakership and the thus, Members who nominated/seconded them in Notwithstanding the provisions of any other December 2017. law, no member or officer of the Assembly 6. The proceedings and the results thereof the and no person employed to take minutes or Election of Speaker in December 2017. record evidence before the Assembly or any 7. Any other document/materials related to the Committee shall, except as provided in this First Meeting of the First Session of the Act, give evidence else –where in respect of Fourth Assembly and the constitution of such minutes or evidence or of the contents of Committees. any document laid before the Assembly or such a Committee, as the case may be, or in NOW THEREFORE, THIS HOUSE DO:- respect of any proceedings or examinations 1. Grant leave to hon. Fred Mukasa Mbidde to held before the Assembly or such a appear as an interested party in the case Committee, as the case may be without the reference No.02 of 2018 in the East African special leave of the Assembly first had Court of Justice. obtained in writing.” 2. Grant leave to hon. Fred Mukasa Mbidde to use the records of the House in Case FURTHER GUIDED BY Rule 23 of the Rules Reference No.02 of 2018. of Procedure, which stipulates the manner, and processes in which journals and records I beg to move. of the House including all papers and accounts presented to or belonging to the Thank you very much Rt. hon. Speaker. The House are kept, processed or transmitted beauty about this integration process is that under the express leave of the House, or one, it is anchored on the provisions of the order of the Speaker. The documents/records Treaty and two, and we almost have the best of the House in respect of the court being Treaty in the whole World. The Treaty which the Member intends to use being:- provides for obligations that must be fulfilled 1. The letter of the Clerk of the East African by organs stipulated by the same Treaty Legislative Assembly convening the First under Article 9. It provides for an avenue for Sitting of the Fourth Assembly in December, consensus. It also provides for an avenue for 2017 for the purposes of subjecting the appellate jurisdiction in the event that the Members to Oath of Affirmation of organs find themselves in a phantasmagoria Allegiance. of disagreement. That organ is called the East 2. The proceedings of the first Meeting of the African Court of Justice (EACJ). It is First Session of the Fourth Assembly chaired provided so that any discontent arising from by the Clerk. (The Hansard of December, operationalisation of the organs can find its 2017) way there for determination as to the 3. All the documents related to the travel justifiability of the disagreement. itinerary of the Members and related expenses facilitating members to attend the Therefore, Rt. hon. Speaker and hon. swearing in function in December 2017. Members, this Assembly, as the Motion provides, was convened in Limine. It was 3 Thursday, 8th February, 2018 East African Legislative Assembly Debates convened by way of elected Members and not concerned. Now, this is going to be one of the by way of the Assembly as contemplated unfair debates against a Partner State. under Article 56 and presided over either by the Speaker or by a Member of the House Africa has several language families elected in the absence of the Speaker by the generally, two major language families. The Members. Therefore, elected Members Sudan Saharan and Congo-Niger. In one of performed their duties. them, the Luo say … (Mr Mbidde spoke in Luo)… Hon. Speaker, the meaning is that a Rt. hon. Speaker, I left my copy of the Rules pawpaw falls on the head of the person who of Procedure where I was seated. However, has hooked it. Therefore, all debates that will when you look at the record of the Rules of obtain as far as all this is concerned will Procedure of the House; we have 97 rules and definitely be a pawpaw falling on the head of 9 annexes. All of them apply in equal force. the person who has hooked it. There are rules that provide for quorum and there are rules that provided for the dismissal It is the rights of this Assembly that are being of any of the rules. They all apply with equal challenged by the Attorney General of the force. They are all rules of this august House. Republic of Burundi. It is, therefore, the This House has the duty, privilege and enjoys rights that we are going to assert. Our debates applying these rules with equal force. are going to be to the effect that we will defeat him. Clearly, we will be within the Rt.
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