wants outstanding emoluments immediately settled
East African Legislative Assembly, Arusha, February 17th 2021: The EALA late yesterday urged the EAC Council of Ministers to direct the EAC Secretariat to pay all outstanding emoluments to Members (and staff) within seven days. In contravention of this, the Assembly intends to seek justice at the East African Court of Justice (EACJ). At the same time, the Assembly wants the EAC to pay attention to the numerous decisions already passed by the Council of Ministers, saying various such decisions and deliberations that concern the welfare of Members and staff often went unmet. This, the Assembly states, is to avoid future situations including imminent audit queries.
A motion moved without notice (under Rule 30 of the EALA Rules of Procedure) by Hon Abdikadir Omar Aden, said the Assembly had contractual obligations to Members (and Staff) and that such matters deserve immediate attention. The legislator faulted the EAC Secretary General (and Secretariat) for side-barring the recommendations and directives of the Council of EAC Ministers and ignoring letters given to that effect, by the Chair of the Council of Ministers.
Article 14 of the EAC Treaty mandates the Council of Ministers to among other things, be the policy making organ of the EAC, thus promoting the implementation of programmes of the Community. Hon Aden however thanked the Chair of the Council of Ministers, Hon Nshuti Manasseh, for attending to all the meetings of the Assembly. “This is strong commitment to the dedication of the integration process”, he said, even as he chided the Secretary General of the Community for continuous absence in the Sittings.
Hon Aden informed the House that Members’ emoluments were outstanding since March 2020 and termed it unfair and against Article 51 of the EAC Treaty, that governs the terms and conditions of service. He said the Secretary General and the EAC, were yet to implement the directives of the EAC Council of Ministers on members’ remuneration.
He said while Members were meeting virtually, the EAC Secretariat officials were physically travelling within the Partner States and in doing so, earning respective Daily Subsistence Allowances. “I would want to ask the Council to find out from the Secretariat how much the Secretariat had saved”, he said.
During debate, Hon Gai Deng thanked the Speaker for the efforts his office was undertaking in the background, to address the challenges EALA was facing. She said the Chair of Council of Ministers had in the capacity, exhibited high diligence by attending all Sittings.
“We have moral responsibility to ensure our Partner States make all remittances – even though, it is not part of our mandate” she said. “The matter sits squarely with the Secretariat. While we acknowledge the Office of the SG for raising requisite funds especially from the Development Partners, the matter rests with the Partner States” Hon Gai remarked.
Hon Nakawuki Susan said it seemed the Assembly was being “remote controlled by an invisible hand” right within the Community. “It seems we are now dependent on the Secretariat and the Council to beg for what is rightfully ours,’ she said. The legislator thanked the Council of Ministers for directing the Secretariat to clear the outstanding amounts under the Resolution directive of the meeting No 41. She however tabled a letter from the United Republic of Tanzania on its (EALA’s) request to withdraw USD 1.1 M from the General Reserve Fund to pay obligations for the Financial Year 2019/2020, where the Partner State raises no objection for so long as the outstanding debt(s) are recorded by the EAC Audit Commission as eligible for the Financial year 2019/2020. She said the Audit Commission was an independent institution which could not be directed on how to work. Hon Nakawuki urged the Assembly to sue the EAC before the EACJ. She urged the Assembly to unanimously agree to give the Secretariat 7 days to remit the outstanding dues.
Hon Wanjiku Muhia termed the motion timely, saying the dues owed were indeed legal in their very nature. The war with EALA she said, started with the issue of accountability and the Assembly’s decision to unearth irregularities and present the same in the House was its undoing. “The Secretariat officials who opted to avenge. It is worrying the Secretary General opts to ignore directives of the Council of Ministers and we really need to know what is happening”, she said.
Hon Dr Oburu Oginga said the Secretariat had gone to the extent of trying to re-organize the calendar of the Assembly. He said it was inappropriate for individual Council Members to go against the collective decision of the Council of Ministers.
Hon Gideon Gatpan said EALA’s mandate was to legislate, oversight and represent and anybody trying to undermine the Assembly was treading on dangerous grounds. Hon Rose Akol said a requirement by Member of Council for EAC Audit Commission to ascertain the outstanding emoluments was null and void. She said the rights to EALA’s entitlement were breached.
Hon Leontine Nzeyimana said it was wrong for the Secretariat to request the authorizing body (Council of Ministers) for implementation of a decision as already pronounced.
Hon Oda Gasinzigwa said EALA’s mandate was been delayed if it had to constantly revert to addressing administrative matters. The legislator reminded the House the auditing process was the very last in the cycle of budgeting. “Unless, there is a procedural problem, which is questioned, that may lead to an audit – otherwise audit process(es) occur post the expenditure(s) period”, she said.
Others who rose in support of the motion were Hon Denis Namara, Hon Kennedy Mukulia, Hon Fatuma Ibrahim, Hon Florence Jematia, Hon Dr Woda Jeremiah Odok, Hon Dr Gabriel Alaak and Hon Mary Mugyenyi. Others Members were Hon Abdi Noor, Hon Francoise Umuwukiza and Hon Christophe Nduwayo.
In response, Hon William Ole Nasha affirmed that United Republic of Tanzania does not intend whatsoever, now or in the near future, to suppress the rights and privileges of Members. “The matter should have been about the issue and not the country”, he remarked. “I call on Members to refrain from making inflammatory remarks which do not bring us together”, he said.
Earlier on attempts by the Minister to adjourn the debate citing Members adverse line of arguments outside of the matter at hand, was defeated.
-Ends-
For more information, contact
Mr Charles Kadonya, Acting Clerk,
East African Legislative Assembly.
Tel: +255-27-2508240 Fax: +255-27-2503103,
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Email: CKadonya@eachq.org
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