EALA members worry over tenure

MARC NKWAME in Arusha

MEMBERS of the East African Legislative Assembly are scared that anytime from now their respective countries might decide to pull them out of the Arusha chambers and they may be powerless to resist.

As a result, the legislators from Tanzania, Kenya, Uganda, Rwanda and Burundi have moved a motion calling for a resolution advising the Assembly to urge Partner States not to introduce attempts to manipulate institutions, threaten members or undermine their status, terming such a move unlawful and an affront to the principles under the EAC Treaty.

The Resolution introduced by EALA member AbuBakr Ogle condemns in the strongest term possible all attempts to undermine the authority of the Assembly and claims to the privileges and status of its members.

The Resolution was however not debated. In its place, the EALA Speaker, Rt. Hon Daniel Fred Kidega, made a ruling deferring the matter to the Committee on Legal Rules and Privileges for immediate digestion.

He further tasked the Committee to refer back the matter to the House as soon as possible. The Resolution follows a recent letter written to the EALA Speaker by his counterpart, the Speaker of the Burundi National Assembly, Mr Pascal Nyabenda, cancelling membership of four Members from Burundi to EALA. The four are Mr Jeremie Ngendakumana, Frederic Ngenzebuhoro, Yves Nsabimana and Dr Martin Nduwimana.

The letter written to Speaker Kidega earlier this month, avers that the conditions through which they (four members) presented themselves for elections had now changed. It says in part that the party on whose strength two members were elected to EALA was no longer represented in the Burundi National Assembly. Two other Members had on their part ceased to be members of their parties having duly resigned.

In his response to the said letter, the Speaker noted that the request was not tenable owing to the fact that it had contravened section 51 of the EAC Treaty among other provisions.

Hitherto, the Counsel to the Community offered legal opinion on the matter after acquaintance with the Constitution of the Republic of Burundi and the Electoral laws in the country.

The Resolution which was seconded by Hon Dr James Ndahiro noted that matters of privileges of members touch on the integrity and independence of the Assembly and that any threats bring with it a potential to undermine the authority of the Assembly and compromises its functioning under the EAC Treaty.

Justifying the matter on the floor of the House, Mr ABuBakr Ogle remarked that the letter written by the Burundi National Assembly was tantamount to a raid on the independence and privileges of the House.

The Resolution further appeals to the Organs and Institutions of the Community to guarantee safety and security of all members of EALA and staff as well as those of other institutions of the community.

The motion was moved under Rule 30 (j) of the Rules of Procedure which allows for a motion raising a question of privilege to be asked without notice. At the commencement of the 3rd Meeting of the 4th Session of the 3rd Assembly early this week, the EALA Speaker remarked that the Assembly was concerned about what is happening in Burundi.