EALA has this afternoon voted to remove Rt. Hon Dr. Margaret Nantongo Zziwa from office. This follows overwhelming support of the Motion for removal of the Speaker by 36 to 2 votes (signifying over two-thirds majority in excess of 30 votes) on the floor of the Assembly. Only one abstention was recorded.
Immediately, the Clerk of EALA moved to declare the vacancy and announced that in accordance with Article 7 of the Rules of Procedure, the names of candidates for the election of Speaker shall be obtained within 48 hours from today (Friday at 3.30 pm).
The sitting today was chaired by the Presiding Officer, Hon Chris Opoka Okumu who was elected to preside over the motion for removal of the Speaker on November 26th, 2014 at the sitting in Nairobi. Rt. Hon Zziwa was absent from the Plenary today.
Earlier on in the morning, the Assembly listened through and adopted the Committee on Legal Rules and Privileges on investigation of the complaints raised in the motion for the removal of the Speaker from Office. The Committee has been receiving and assessing evidence submitted to it. The Committee also lined up a number of witnesses among them being the Rt. Hon. Speaker of EALA, Members and staff of EALA, and any other witnesses who it deems are necessary for the discharge of their investigative mandate.
The report presented to the House by the Chair of the Legal, Rules and Privileges Committee, Hon Frederic Ngenzebuhoro, cites the inability of the Speaker to perform the functions of the office arising from misconduct in accordance with the provisions of the Treaty and the Rules of procedure. The report notes that Rt. Hon Zziwa unilaterally made a decision to stop rotation sittings in contravention of the provisions of the Administration of the EALA Act, 2012. The Speaker is also accused of wasting resources of the Community through poor time management, unnecessary delays postponement of meetings and laisser-faire attitude to Assembly provisions.
“In August 2013 all members of the Assembly went to Mombasa, Kenya as programmed in the EALA Annual Legislative Calendar for 2013/2014 Financial Year. According to the evidence available the members of the Commission and Chairpersons of all the Standing Committees arrived one day before the workshop for a consultative meeting. The Speaker who was supposed to chair the meeting did not come as scheduled, nor did she delegate responsibility of chairing the meeting”, a section of the report reads in part.
According to the findings, the Speaker continued to be absent from duty station contrary to the terms and conditions and hence giving inadequate supervision to the work of the Assembly. Other areas include undermining the authority of the Commission by changing the activities for 2013/2014 to suit personal interests and practicing favouritism by denying other Members equal opportunity.
The report also cites misconduct, the use abusive and derogatory language against Members and staff.
During debate today, Hon Saoli Ole Nkanae remarked that Rt. Hon Zziwa had constantly used unsavory language. “The Speaker created a monster out of this House, we have turned into gladiators. It needs to end today” Hon Ole Nkanae maintained.
Hon Hafsa Mossi appealed to the Assembly to change the trend and take the right decision. “I have failed to see Leadership in the Speaker, I hope we make the right decision today”, she said.
Hon Dr. Odette Nyiramilimo said it was time for EALA to restore its lost glory. “I hope we will elect a Member who will restore the dignity of this House”, Hon Dr. Nyiramilimo remarked.
Hon Abubakar Zein told the House to ensure it takes the right path to restore its dignity.
“We need to make a decision to do our work with honor, dignity & integrity while putting petty differences aside for the sake of integration”, he remarked.
On his part, Hon Taslima Twaha was emphatic that the region was bigger than any individual. “Let whatever direction we take, lead us to success, and by the will of the Almighty God all through to that of the satisfaction of East Africans”, he stated.
Hon. Dora Byamukama remarked that the truth was key. “In the next 2.5yrs (balance of the period left to serve the 3rd EALA), I stand committed to what whatever it takes for this House to regain its dignity, honor and glory”, she remarked.
Hon Nusura Tiperu also supported the Motion. “We love the outgoing Speaker, but we love East Africa more”, she said, adding that it had reached the time we make a decision for the people of the region.
Speaking on behalf of the Council of Ministers, the Chairperson, Hon Dr. Abdullah Saadala maintained that the Council had all along respected the rule of separation of powers and the democratic exercise of decision making of the House.
“We shall continue to do so for the strengthening of the integration process”, he said.
Other Members who rose up to speak were Hon Leonce Ndarubagiye and Hon Mukasa Mbidde who termed the process as fair.
The Motion, initially introduced in the Assembly by Hon Peter Mathuki in Arusha during the Fifth Meeting of the Second Session of the 3rd Assembly was cut-short when it was adjourned on April 1, 2014 sine die following two applications made at the East African Court of Justice (EACJ) halting the debate.
On 3rd June this year, Rt. Hon Margaret Nantongo Zziwa ruled on the Motion for her removal to have fallen short of the requirements of signatures of atleast four elected Members from each Partner State and thus collapsed. This followed the withdrawal of signatures of three Members from the United Republic of Tanzania.
Rt. Hon Zziwa pegged her ruling on Rule 82(2) of Rules of Procedure that grants the Speaker of the Assembly, the final powers on the interpretation and the application of the same. However, prior to that, the Counsel to the Community, Hon Wilbert Kaahwa had maintained that the Motion was “alive”.
The third East African Legislative Assembly (EALA) elected Margaret Nantongo Zziwa its first female Speaker in June 2012 when she defeated Hon Dora Byamukama’s in the second round.
Notes to Editors
-Under the provisions of the Rules, a motion seeking the removal of the Speaker from Office, is referred by the House, to the Committee on Legal, Rules and Privileges for investigation within a specific time frame. Upon conclusion of investigations, the Committee makes a report to the House with clear findings/observations and recommendations.
-The Speaker against whom proceedings for removal from office have commenced has the right of appeal and recourse to justice through the relevant courts of law if in his/her opinion, there is/has been or appears to be a miscarriage of justice.
-EALA shall elect the Speaker in accordance with Rule 7 of the Rules of procedure. Under the Rules, the election shall be by secret ballot. At the same time, all candidates need to present their names at least 48 hours before the time appointed for which the House is to meet to elect a Speaker.
DOWNLOAD: REPORT OF THE EALA COMMITTEE ON LEGAL, RULES AND PRIVILEGES ON INVESTIGATION OF THE COMPLAINTS
RAISED IN THE MOTION FOR THE REMOVAL OF SPEAKER FROM OFFICE
ENDS
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