Kivejinja explains 4th EAC regional assembly delay

THE Chairperson of the East African Community Council of Ministers, Kirunda Kivejinja has explained the delay to commence the 4th regional assembly, attributing it to "legal circumstances."

"…the 4^th Assembly could not commence on 5th June 2017 and has not been able to convene due to legal circumstances namely incomplete membership of the Assembly and the inability to hold a session of the first meeting of the Assembly," said Kivejinja, who is also Uganda's Second Deputy Prime Minister and minister for East African Affairs.

This was contained in a press statement he issued in Arusha on Tuesday "on the legal circumstances on the commencement of the East African Legislative Assembly." Present were EAC officials.
  
The term of office of the 3rd East African Legislative Assembly ended on June 4, 2017. Elections of new Members to constitute the next (4th) Assembly were expected to have been finalized by then by all Partner States so that the 4th Assembly would commence on June 5, 2017.

This, the chairperson said, did not happen because one of the Partner States, the Republic of Kenya had by that date not elected its nine Members.

He also noted that upon an application by a citizen of the Republic of South Sudan, the East African Court of Justice issued Interim Orders to the EAC not to recognize the nine Members who were said to have been elected to EALA.

"Subsequently, there was a hearing and the applicant withdrew the application on grounds that the Republic of South Sudan had revoked the election of RSS Members and committed to hold fresh elections by end of June, 2017."
 
He said, "As a result of the foregoing, the 4th Assembly could not commence on June 5, 2017 and has not been able to convene due to legal circumstances namely incomplete membership of the Assembly and the inability to hold a session of the first meeting of the Assembly."

The six EAC partner states are Uganda, Kenya, Tanzania, Rwanda, Burundi and South Sudan.


Kivejinja explained that Article 48 (1) of the Treaty for the Establishment of the East African Community says that the membership of the Assembly shall comprise of nine members elected by each Partner State; and ex-officio members consisting of  the minister responsible for EAC affairs from each Partner State.

Also the Assistant Minister or Deputy Minister of State responsible for East African Community affairs from each Partner State: Provided that an Assistant Minister, Deputy Minister or Minster of State may only participate in the meetings of the Assembly when the substantive Minister responsible for East African Community affairs is for any reason unable to participate; and the Secretary General and the Counsel to the Community.
 
Rule 4 of the Rules of Procedure of the Assembly requires the Clerk to at least 14 days prior to the first sitting of the new Assembly; notify elected Members of the House through the Clerks of the National Assemblies of the Partner States the date and the venue of the first sitting.

"This had been done by the Clerk in his letter of  May 22, 2017 but later postponed due to, among others, the knowledge that one of the Partner States would not have elected its Members by 5th June 2017."
 
Although four of the Partner States have carried out elections of their nine members to the Assembly, they cannot be sworn in before the other two Partner States have done so.

 
The Sittings/Meetings of the Assembly are convened to transact business. In case of the first Sitting of a new Assembly, the first business is to transact is election of the speaker.

In the current circumstances, that business cannot be transacted without the presence of members from all the Partner States (Quorum) this is because two of the Partner States, Republic of Kenya and Republic of South Sudan, are yet to carry out the elections of their nine Members.
 
Rule 12 of the assembly rules of procedure provides that the quorum of the House or the Committee of the whole house shall be half of the elected members and such quorum shall be composed of at least one third of the elected Members from each Partner State.
 
"The Clerk is therefore constrained to convene a Sitting of the Assembly when fully aware that the Assembly is not fully constituted and cannot transact any business," Kivejinja said.
 
He recalled that the commencement of the Second Assembly was delayed by six months from 29th November 2006 to 4th June 2007 due to similar and or related circumstances. The second Assembly served its 5-year term effective from 5th June 2007 and ended 4th June 2012.

"A precedent has therefore been set and similarly the five year term of the 4th Assembly will run as soon as the Assembly is fully constituted to be sworn in and transact business," he said.