EALA has proposed the formation of a well-rounded directorate at the EAC Secretariat to continuously monitor and evaluate implementation of regional laws. In addition to this measure, EALA wants the free-will to move Bills related to functions of the Community but which may have an imposition upon funding.
At the same time, it is necessary for the Community to address challenges facing the implementation of the Community Laws –a main factor been conflict in laws of Partner States and that of the Community laws.
The recommendations arise from the debate this afternoon following the tabling and adoption of the Report of the Committee on General Purpose on the Capacity Building Workshop for the Legislative process of Bills.
The report presented to the House by the Chairperson of the Committee on General Purpose, Hon Dr. Martin Nduwimana, followed the capacity building workshop held in Nairobi on August 6-9, 2014. The workshop was a joint effort between EALA and the European Parliamentarians Association with Africa (AWEPA).
The objective of the meeting was to enhance the capacity of Members to better execute their legislative function through the initiation and enactment of the requisite regional laws. At the said workshop, Members were enabled to review the modus operandi and processes through which bills progress from inception to the end.
According to the facilitator at the workshop Hon Dan Ogalo, an expert in legislative processes (and EALA Member Emeritus) there is some recorded success with regards to the implementation of the laws. They include the EAC Customs Management Act, 2004, the EAC Standardisation, Quality Assurance and Testing Act, 2007 and the EAC Competition Act 2006.
Challenges in the legislative process of Bills include the fact that the current Treaty is executive heavy. The Treaty was initially focused on setting up the Secretariat and only at a later stage did EALA and the East African Court of Justice (EACJ) come to be included. For this reason, fewer articles of the Treaty were dedicated to the two Organs.
Currently, under Article 59 of the Treaty, EALA Members can introduce any Bill in the Assembly provided that it relates to the functions of the Community. However, such a Bill shall not among other things impose any charge upon the fund of the Community.
Other recommendations include widening the dissemination by transmitting the Bills not only to the Parliaments but to the Ministries of Justice, Courts of Judicature, High Institutions of learning and public libraries.
During debate today, Hon Nancy Abisai called for the support and further sensitization of the Private Members’ Bills.
The Secretary General of the EAC Amb Richard Sezibera called on Members to bring to fore, any proposals concerning the amendment of the Treaty for the Establishment of the EAC.
Hon Abubakar Zein noted that there was need to beef up the EALA Secretariat in terms of human resources to ensure quality of research and support in legislative processes.
“We need to be able to access all the necessary materials online as well”, Hon Zein said.
The acting Chair of the Council of EAC Ministers Hon Dr. Abdullah Sadaala said the Treaty would need to be amended to enable Members have the free-will to bring Bills that may have an imposition of funds to the House among other areas.
Hon Maryam Yahya Ussi noted that it was important for follow-up to ensure the Partner States enforce the implementation of the laws.
“We need to work closely with the Ministers of EAC to help with modalities of enforcement”, Hon Ussi noted.
Hon Dr. James Ndahiro told the Council of Ministers to assist with the monitoring of the implementation of laws noting that the Community Laws supercede those of the Partner States within the purview of the Community.
Hon Jeremie Ngendakumana termed the report timely and added that it enable the legislators to be better informed.
Others who rose in support were Hon Frederic Ngenzebuhoro, Hon ShyRose Bhanji and Hon Valerie Nyirahabineza
Members also posed questions to the Council of Ministers. The Deputy Minister for the EAC in the United Republic of Tanzania responded on behalf of the Council of Ministers.
ENDS-
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East African Legislative Assembly.
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