EALA resolves to hold virtual Sittings

,,,move deemed progressive in wake of COVID-19 pandemic & future catastrophes

East African Legislative Assembly, Arusha, June 19th 2020: The East African Legislative Assembly (EALA) has today resolved to hold virtual meetings where Members participate from different places designated by the Speaker, pursuant to Article 55 of the Treaty for the Establishment of the East African Community. In the same vein, the Assembly further anchored an amendment to its Rules of Procedure (Rule 10, Sub-Rule 5) to provide for its virtual meetings and sittings included therein should such need arise in future.

The motion moved by Hon Fatuma Ndangiza, Chairperson of the Legal Rules and Privileges Committee was supported by the whole House. The mover of the motion stated that some of the measures issued by individual Partner States during this period of COVID-19 pandemic affected cross border movement of people including that of EALA Members. “The Assembly is made up of Members from Partner States who are required to move around the Partner States and the Community”, Hon Ndangiza told the House. Other critical functions of the Assembly which cannot be abrogated during the period, Hon Ndangiza added, include, processing of essential legislation of the Community, as well as the approval of the Budget of the Community, in line with Article 49 of the Treaty for EAC.

Once the Motion sailed through, Hon Ndangiza presented the Report of the Committee on Legal, Rules and Privileges on the proposal for amending the Rules of Procedure for Virtual Meetings. Hon Ndangiza informed the House that a Member, Hon Susan Nakawuki Nsambu had presented before the Committee the proposal for amending the Rules of Procedure to provide for virtual meetings in line with Rule 85(1) and (2) of the Rules of Procedure of the Assembly.

Last month, the Assembly at a consultative meeting held virtually, nominated three members (Hon Susan Nakawuki, Hon Francois Xavier Kalinda and Hon Oburu Oginga) to develop guidelines on how to conduct plenary meetings online, in light of the restrictions of movement during the Covid-19 pandemic. Hon Nakawuki informed the Committee that on 11th March, 2020, the first COVID-19 cases were recorded in the region and later characterized as a pandemic by the World Health Organization. In order to control and mitigate the spread of the pandemic, the Community and the Partner States established several measures including restrictions on movement of persons, social distancing, wearing of masks and restrictions on gatherings beyond a specified number of persons.

Hon Nakawuki further told the Committee that Articles 49(2) (g) and 60 of the Treaty, empower the Assembly to make its own Rules of Procedure to govern its proceedings and that of its Committees. The Assembly can therefore make, amend, add to or revoke rules governing the procedure of the Assembly.

With the rules now in place, the Assembly is geared in situations where it fails to attain a physical meeting due to pandemics or other factors beyond its control, to continue to undertake its mandate online. EALA now joins other Parliaments in the region and the globe that embrace the online modalities of meetings. Some of the Parliaments that have put in effect the virtual approach include the Parliaments of Kenya, Uganda and Tanzania, the European Parliament and Parliament of South Africa. The Parliament of Ireland, the House of Commons and the Parliament of Belgium have also embraced virtual sittings.

At debate time, Hon Dr Oburu Oginga, termed the addition allowing for virtual sittings to the rules of procedure, as landmark in its very nature. He said Parliaments in the region also continued to meet virtually and said EALA had the right to meet using the modality.

Hon Nakawuki said it was important for the Assembly to continue with its work, saying there was already a decision by the EAC Council of Ministers for the Organs and Institutions of the Community to continue with their business online.

Hon Dr Woda Odok Jeremiah reiterated virtual measures were necessary at this point in time and said critical matters when it comes to the Assembly’s modality of work had been taken care of in the rules. Hon Dr Anne Itto said the existence of COVID 19 did not need to render EALA irrelevant. “This is the time for us to join hands and to fight the pandemic”, she said. “Parliaments are Houses of rules. Fortunately, a look in to the Treaty reveals that Parliament has the powers under Article 60 to make Rules that make it relevant”, the legislator added.

Hon Jean Marie Muhirwa said that with the pandemic around, this was not time to break up the spirit of integration but rather, a time for adoption of rules that ease workings of the Assembly.

Hon Dr Abdullah Makame said Parliament had innovatively come up with the need for virtual sittings and this would help among other things, to enhance solidarity in the House. Hon Abdikadir Aden said, the Assembly just like other Parliaments in the globe, was experiencing extra-ordinary times that call for extra-ordinary measures. “EAC Organs and Institutions as a whole, have been compelled to re-look in to ways and means of meeting and a virtual basis is necessary”, he said. He said a number of parliamentary jurisdictions globally were coping with COVID 19 through virtual means and further called for due consideration to the parliamentary traditions.

Others who supported the Motion were Hon Kennedy Kalonzo, Hon Kennedy Mukulia, Hon Hon Dr Ngwaru Maghembe, Hon Mukasa Mbidde, Hon, Hon Gabriel Alaak and Hon Thomas Dut.

NOTE TO EDITORS ABOUT EALA

The East African Legislative Assembly is the Legislative Organ of the East African Community. Its Membership consists of a total of 62, of whom 54 are elected Members (9 from each Partner State) and eight ex-officio members (the Ministers responsible for EAC Affairs from the Partner States, the Secretary General of the Community and the Counsel to the Community).

The East African Legislative Assembly has legislative functions as well as oversight of all East African Community matters. The enactment of legislation of the Community is put in effect by means of Bills passed by the Assembly and assented to by the Heads of State, and every Bill that has been duly passed and assented to become an Act of the Community and takes precedent over similar legislations in the Partner States. EALA has to date passed over 80 pieces of legislation. Clause 1 of Article 55 of the Treaty provides that the Meetings of the Assembly shall be held at such times and places as the Assembly may appoint. Rule 10 Sub Rule 5 of the Rules of Procedure of EALA states that meetings of the Assembly shall be held at such times and places as the Assembly may appoint and shall meet at least once in every year at Arusha in the United Republic of Tanzania an at a time to be determined by the Assembly.

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For more information, contact Bobi Odiko, Senior Public Relations Officer, East African Legislative Assembly. Tel: +255-27-2508240 Fax: +255-27-2503103, Cell: +255-787-870945 +254-733-718036 Email: BOdiko@eachq.org, Web: https://www.eala.org