PARLIAMENT OF UGANDA REPUBLIC OF UGANDA 1 1TH PARLIAMENT RTPORT OF THE VERIFICATION COMMITTEE OF THE NOMINEES AND APPLICANTS FOR THt BYE - ELECTION TO TIIE EAST AFRICAN LEGISLATM ASSEMBLY (EALA) - UGANDA CHAPTER OFFICE OF THE CLERX TO PARLIAMEI{T PARLIAIUENT BUILDIITG o XAMPALA- UGANDA JALY 2O2L Y \ ( REPORT OF THE VERIFICATION COMMITTEE OF THE NOMINEES AND APPLICANTS FOR THE BYE - ELECTION TO THE EAST AFRICAN LEGTSLATM ASSEMBLY (EALA) - UGANDA CHAPTER 1.O HISTORICALBACKGROUND The East African Legislative Assembly (EALA) is the Legrslative organ of the East African Community established by Article 9(1) (1) of The Treat5r for the Establishment of the East African Community (1999) hereinafter referred to as the Treaty. Article 9 provides as follows; Establishment of the Organs and h stitutions of the Community 1. There are herebg estabhshed as organs of the Commuruty: (a) the Summit: (b) the Council; (c) the Co-ordination Commitee; (d ) Se cto ral C o mmitte e s ; (e) the East Afican Couri of Justrce; A *E Eo.st African l*gislattue Assemhlg; (g) tLte Secretariat; and ,rf L^ (h) such other organs as maA be established bg the Summit EALA consists of members elected from outside the natronal parliaments of the six partner states namely; Kenya, Burundi, Rwanda, Tanzania, South Sudan and Uganda. 1 Articles 48 of the Treaty provides for membership of EALA in the following terms; Membership of the Assembly 1. The members of the Assembly shall be: (a) twenty-seven eiected members; and (b) five ex-ofhcio members consisting of: (r) the Minister responsible for regional co-operation from each Partner State; and (ii) the Secretary General and the Counsel to the Community. The membershrp of EALA currently stands at 62 u,,ith nine elected Members from each of the six EAC partner states and eight Ex- officro Members. The increase in numbers from the 32 provided by the Treaty to the current 62 is accounted for by the admission of Rwanda, Burundr and South Sudan to the Community. Members are directly elected, being voted into their positions by their respective National Assemblies, though not from the ranks of those Assemblies. The Treaty for the Establishment of the EAC requires that members should represent the diversity of views present in their own National Assemblies and also that their selection meets certain criteria for gender balance. Article 50 (1) provrdes for the election of members to EALA as follows; *The National Assembly of each Partner State shall elect, not from among its members nrne members of the Assembly who sha11 represent as much as it is feasible, the varrous political parties represented in the Natronal Assembly, shades of opinion, gender and other special interest groups in that Partner State, in accordance with such procedures as the National Assembly of each Partner State may determine." L 2 M ,_ Article 51 (1) of the Treaty provides for the tenure of elected members which shal1 be five years and members are eligible for re- election for a further term of five years. On February 28th 2017, the Parhament of Uganda elected nine representatives to the current EALA in accordance with Article 5O of the Treaty and Rule 12 Appendix B of the Rules of Procedure of Parliament (heinafter referred to as the Rules) and all other enabling laws. The following were declared elected: 1. Hon. Rose Akol Okullo (National Reslstance Movementf 2. Hon. PauI Musamali (National Resietance Movementf 3. Hon. Mathias Kasamba (National Rcsistance Movementf 4, Hon. Mary Mugyenyi (National Resistance Movement| 5. Hon. Dennis Nanara (National Resistance Movcmentf 6. Hon. Chris Opoka (Uganda Peoples Cougressf 7. Hon. Fred Mukasa Mbidde (Democratic Party) 8. Hon. Susan Nakawuki (Independent) 2.O INTRODUCTION ___-r/ On 27fr April 2021, the Hon. Mathias Kasamba passed on. His demise ,/fi" { created a vacancy at the Regional Assembly. / Pursuant to section 8( 1) of the East African Legislatrve Assembly Elections Act 2011, on the l8e day of May 2021, the Speaker of EALA notihed the Speaker of the Parliament of Uganda of a vacancy in EALA. In hne with section 8(2) of the East African Legislative Assembly Elections Act, 20 i 1, upon notification of the vacancy, a bye electron must be held by th Parliament within 9O days from the 18th day of May 2021 F'- 3 Parliament appointed nomination days for the bye electron of Uganda's representative to the East African Legislative Assembly (EALA) under Rule 8 of the Rules of Procedure and the same was gazetted in the national gazette Vo1. CXIV No. 58 of 19tr July 2O21. Pursuant to the provisions of Rule 9, Appendix B of the Rules of Procedure of the Parliament of Uganda, Parhament on Wednesday 2l"t July 2021, appointed a Verification Committee to consider nominees and applicants to fill a vacancy at the East African Legislative Assembly (EALA). The Speaker communicated the apporntment in a ietter dated 21't July 2O2I. 2.t TERMS OF REFERENCE AND CHECK LIST FOR THE EALA VERIFICATION COMMITTEE The Committee adopted the foiiowing Terms of Reference and checklist in conformity with the provisions of Article 50 of the Treaty of Establishment of the EAC and Rule 12 Appendix B of the Rules of Procedure of Parliament. (1) The Verification Committee shall consider the nominee and all applicants independent of a pohtical party or organisation and shall ensure that the nominee is qualified to be elected a Member of Parliament in accordance with Artrcle 80 of the Constitution. (2t The verification committee shall examine statements made by the nominee, which must be on oath, specifically:- (a) To ensure that the statement made is in tfre format prescribed in the first schedule to the Rules of Procedure of Parliament and specifies the name, educational qualifications, address and occupatron of the candidate; (b) To ensure that the statement made is in the format prescribed in schedule 3 of the Rules of Procedure of Parliament and states tha the candidate: - (0 is a crtizen of Uganda; It (ii) qualifies to be elected a Membe Parliament (_ 0 4 M (iii) is not a Member of Parliament (i") is not holding office as a Minister (") is not an officer in the service of the East African Community (vi) has proven experience or interest rn consolidating and furthering the aims and the objectives of the Community; (3) The verif,rcation committee sha1l ensure that the nomination forms of persons nominated by political parties are endorsed by the relevant Secretary General of a party or a person authorized by him or her nominating such a candidate. Thc Committec adopted the checklist below to interrogate and establlsh thc legal suitability ofthe candidates (1) specihcaliy that the nomrnee: (a) is a citizen of Uganda; (b) is a registered voter; (c) has compieted a minrmum formal education of Advanced Level standard or its equivalent; (d) is not of unsound mind; (e) is not holding or acting rn an office the functions of which involve a responsibility for - or - in connection with the conduct of an election; (0 is not a traditional or cultural leader as defined in article 2a6 (61 of the Constitution; (e) has not been adjudged or otherwise declared bankrupt under any 4" L/ 1aw in force in Uganda and has not been discharged ; or { (h) is not under a sentence of death or a selltence of irrrprisonment'/ // exceeding nine months imposed by any competent court without the option of a f,ine. (i) not a public officer or a person employed in any governmen department or agency of the government or an employee of a local government or any body in which government has a controlling v 5 M rnterest, and if he/she has resigned his or her ofhce at least ninety days before nominatron day. 2.2 METHODOLOGY The ueification Committee interacted uLith and receiued uLitten and orol submisslons /rom the following; (1) The NRM Leadership .' i. Hon. Thomas Tayebwa, the Government Chief W ii. Hon. Rose Namayanja, Deputy Secretary General NRM hip iii. Mr. Oscar Kihika (SC), the Director Legal, NRM Secretariat They appeared before the Committee upon their request which was granted. l2l The following nominees and applicants i. Hon. James Kakooza ii. Mr. Gilbert Agaba The above were invrted to meet the Committee. 3.O INTERACTION WITH THE GOVERNMENT CHIEF WHIP, THE DEPUTY SECRETARY GENERAL NRM, THE DIRECTOR LEGAL NRM -.- SECRETARIAT h'/ e NRM leadership informed the Committee that Hon. Kasamba Mathias, y'' YJ one of the nrne (9) representatives of Uganda in the Assembly, was elected /l to the Assembly on the Natronal Resistance Movement (NRM) Party ticket on 28th February, 2017 and assumed ofhce on 18u December, 2017. Ttre death of Hon. Kasamba Mathias therefore, created a vacancy in the Assembly. _a_ ..--M='- 6 t, I The NRM leadership submitted that on 4th June 2021 , wlntle presiding over Parliament, the Rt. Hon. Speaker guided in respect of the by election as follows- "...Giuen that Hon. Mathias Kasamba uas elected to EALA on the NRM partg ticket and in accordance with the Treatg for the Establishment of the East African Community, and Appendu B of our Rules of Procedure, the uacancy uill be filled bg the NRM parlA to uhich the deceased Member belorLged. I accordinglg instruct the Clerk to Parliament to commence the process of filling this uacancg". The NRM further submitted that ideally, and to promote the growth of multi- party democracy, no political party can frnrsh the term of another because the representatives are bearers of specific agendas. Therefore, the NRM pleaded, that it should be the party which lost its member to fill the vacancy arising from such loss.