The Assembly has this afternoon adjourned once more with the much anticipated Budget Speech now scheduled for tomorrow morning at 10.00am. The adjournment follows a Motion moved by Hon Nusura Tiperu in line with Rule 31(b) of the Rules of Procedure of the House which provides for moving of a Motion without notice.
The Motion was sought to pave way for the EALA Commission to meet and to deliberate on the reasons behind the omission of the notice for Motion for the removal of the Speaker on the order of business today and to guide on the way forward.
The contents of the Order Paper as approved by the Speaker earlier on included the consideration of the EAC Budget for the Financial Year 2014/2015 and the laying of two papers, namely; the revised Statement of Expenditure for the Financial Year 2013/2014 and the Financial Statement and Estimates of Expenditure for the Financial Year 2014/2015. The Budget Speech was expected to be delivered by Hon Shem Bageine, Minister for EAC, Uganda, on behalf of the Chair of the Council of Ministers, Hon Phyllis J. Kandie.
When the House resumed, Hon AbuBakr Ogle stood on a point of procedure stating that the Motion needed to be on the Orders of the day and to be dispensed with, before the EAC Budget Speech could proceed.
Hon Abubakar Zein remarked that the Motion was important and remarked that it touched on the privileges and immunities of the House.
As debate ensued, Hon Shy-Rose Bhanji opposed stating that three Members of the United Republic of Tanzania had in fact withdrawn their signatures appended to the Motion rendering it not valid for debate.
‘I stand to confirm that Hon Adam Kimbisa, Hon Maryam Ussi and I, have withdrawn our signatures to the Motion upon reflection. We shall thus not be proceeding with support of the Motion to remove the Speaker and United Republic of Tanzania does not have the required signatures to proceed’ Hon Bhanji remarked.
Hon Abdullah Mwinyi remarked that it was necessary as a matter of public interest, to dispense with the matter at hand by forwarding the Motion to the Legal Rules and Privileges Committee for investigations. He maintained that he was still a signatory to the said Motion.
‘Laid down procedures and timeframes should be respected, he said. This includes even the timeframe within which removal of signatures from the Motion can be effected, he added.
Other Members who opposed the Motion were Hon Susan Nakawuki, Hon Taslima Twaha, Hon Mukasa Mbidde and Hon Mumbi Ngaru. Hon Mbidde maintained that it was the prerogative of the Speaker to determine the order of the business of the House in accordance with Rule 16 of the Rules of Procedure. ‘The said Motion is dead and the movers must look for alternative ways to resuscitate it if they so wish’ Hon Mbidde remarked.
Hon Susan Nakawuki noted that the Motion could no longer hold since it did not meet the 4 required signatures from the United Republic of Tanzania.
Hon Mumbi Ngaru called for sobriety and focus so as to deliver the promises to East Africans by listening to the Budget Speech.
Hon Wilbert Kaahwa, the Counsel to the Community informed the House that the removal of the signatures bore no consequence to the Motion at hand.
‘The very act of adjourning the House sine die did not have an effect of removing the Motion moved by Hon Peter Mathuki’, the Counsel remarked. He thus appealed for the matter to be urgently dispensed with.
Hon Christophe Bazivamo was resolute that the entire Commission and EALA were aware of the importance of the budget but asked for observance of the advice of the Counsel to the Community. Hon Dan Kidega and Hon Dora Byamukama also rose in support of the Motion.
It is expected that should the matter appear on the Order Paper for tomorrow (June 4, 2014) then the attendant Motion would be forwarded to the Committee of
Legal Rules and Privileges for their consideration. The Committee is expected to investigate and report back its findings to the Assembly for debate.
The EALA Rules of Procedure prevent, the Speaker in respect of whom proceedings have commenced from presiding over the matter. The Speaker is entitled according to Rule 9 (5) of the Rules of Procedure, to appear in person and to be assisted or represented by a lawyer or any other person when the Committee is investigating his or her removal.
The Motion was halted when the House was adjourned on April 1, 2014 following two applications made at the East African Court of Justice halting the debate. The applications were filed by Mbidde Foundation Ltd (1st Applicant) vs Secretary General and the Attorney General of the Republic of Uganda and the Speaker, Rt. Hon Margaret Nantongo Zziwa (Second Applicant) vs the Secretary General of the East African Community on the matter.
The East African Court of Justice had in the interim on May 9, 2014 after hearing the consolidated Applications 5 of 2014 and 10 of 2014, ordered EALA not to proceed with the proceedings for the removal of the Speaker from office pending the Court's ruling on the two applications on May 29, 2014.
When the EACJ made its ruling of the consolidated Interlocutory Applications last week on Thursday, a three-Judge bench consisting of Principal Judge Jean Bosco Butasi, Deputy Principal Judge Isaac Lenaola and Judge Monica Mugenyi declined to grant the interim orders sought by the applicants.
-Ends-
For more Information, contact:
Bobi Odiko,
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East African Legislative Assembly;
Tel: +255-27-2508240
Cell: +255 787 870945, +254-733-718036;
Email: bodiko@eachq.org
Web: https://www.eala.org
Arusha, Tanzania
