REVIEW OF THE PROPOSED AMENDMENTS OF THE RULES OF PROCEDURE
11.52
THE CHAIRMAN, COMMITTEE ON RULES, PRIVILEGES AND DISCIPLINE (Mr Fox
Odoi-Onywelowo): Rt hon. Speaker, I beg to move that the House do resolve
itself into a Committee of the whole House for consideration of the proposed
amendments to the Rules of Procedure. I beg to move.
THE DEPUTY SPEAKER: Honourable members, I put the question to the motion.
(Question put and agreed to.)
COMMITTEE OF THE WHOLE HOUSE
Rule 11
THE DEPUTY CHAIRMAN: Honourable members, we had substantial discussions on
this subject. We were to take a vote on the matter that had been presented
by the committee. I am ready to put the question. Can I put the question
now? Honourable members, we had finished with rule 11; we are dealing with
the appendix.
MR AKENA: Mr Chairman, I would like to go on record before we take the vote
on the appendix. Much as we are all agreed on rule 11, which is taken
directly -
THE DEPUTY CHAIRMAN: Hon. Akena, let us first read what is there and then
you respond appropriately to take care of everything. Let him state it first
for the record.
Appendix B
DR BAYIGA: Mr Chairman, you deferred this vote yesterday because there was
no quorum. I am again raising the same issue of quorum.
THE DEPUTY CHAIRMAN: Honourable members, can we do a quick count and ring
the bell. If we confirm that we do not have quorum, then we shall ring the
bell. We could in the process allow hon. Akena make his statement.
MR AKENA: Thank you, Mr Chairman. I had wanted to refer to the redraft of
sub-rule (3) taking into consideration what we had agreed on rule 11, which
basically comes from the Treaty. The principle in the Treaty is that the
Members of EALA representing Uganda will be representing as much as it is
feasible the various political parties represented in the House.
In the sub-rule, we have brought in the issue of proportionality. I thank
you, Mr Chairman, for the matters you raised on guidance on what happened in
Kenya. However, I think the Kenyan situation is quite different from what we
have. In Kenya, there are 23 political parties in Parliament and as such the
feasibility of electing nine from the 23 parties in Parliament was not
possible. The largest party in Kenya has less than 50 percent of the seats
in Parliament. So, they had to come up with a creative formula in order to
be able to get the representation across the parties in order to get the
nine members.
I think an example closer at hand is that of Tanzania, where we have a
similar situation of Chama Cha Mapinduzi having over 80 percent of the seats
in Parliament, and there were three other parties - one with 31 Members,
another with 11 Members and a party with a single Member. The Tanzanian
formula was, the two smaller parties each nominated three members and the
whole House took the decision and elected one from each of the parties. The
combined Opposition in Tanzania essentially, doing the mathematics, is
actually less than one or slightly over one member for EALA, but the
Opposition managed to get two members.
The principle which was raised concerning the Independents is that the right
to associate is enshrined in the Constitution, and that right to associate
also takes into account the right not to associate. The Independent Members
have taken the decision not to associate.
In the formulation which we are coming up with, we are being compelled to
associate as the Opposition and yet the Treaty talks about political parties
represented in Parliament. Now, we have an issue where the Opposition must
now forcefully accept to associate and come up with the two members -
(Interruption)
DR BAYIGGA: Thank you, honourable member, for giving way. The information I
wanted to give to hon. Akena is that whatever argument we are fronting must
be based on Article 50 of the Treaty. This article talks about political
parties as individual entities represented in Parliament.
When you look at our representation in this august House, we have NRM,
JEEMA, CP, DP, FDC and the Independents. That gives us almost six posts.
When you look at the Treaty and it says, as much as it is feasible, what
rings a bell in my mind is that we first consider the five parties. The NRM
take your one slot because even if you are many, it is the same shade; DP
take your slot, CP take your slot and then after that (Interjections)- No,
in the Treaty we do not have numerical strength.
Mr Speaker, we respect their numerical strength but they must respect the
law. The Treaty is very clear that each party must be represented. The
information I wanted to give is that the framers of the Treaty realised that
there are so many political parties in East Africa. That is why they wanted
to have this kind of arrangement where all parties are represented. So NRM,
be comfortable with your one seat and then - We can even give you three
seats so that the parties divide the other seats and each party gets one and
we move on. Otherwise, if we go like this, we are most likely to be
challenged in courts of law. Let me be on record.
MR AKENA: Thank you, honourable member. On the question of the parties
represented in Parliament, I would like to refer the members to rule 13 of
our Rules of Procedure, which talks about the whips and their functions. The
Parliament of Uganda has four whips recognised within the establishment of
Parliament and its functioning.
Let me just refer to the functions and I will start with the Government
Chief Whip, and this is rule 13 sub rule (2): The role and functions of the
Government Chief Whip is to ensure due attendance, participation in
proceedings and voting in Parliament of Members of the ruling party.
Come to the Opposition Chief Whip: The role and functions of the Chief
Opposition Whip is to ensure due attendance, participation in proceedings
and voting in Parliament of Members of the Party in Opposition to the
Government and having the greatest numerical strength in Parliament. In
other words, the Opposition Chief Whip is to organise the Forum for
Democratic Change.
On top of this, we have two other whips recognised within this Parliament
who are the UPC whip and the DP whip. The functions of these whips are in
sub rule (8) and they deal with the members of their particular parties.
So, already the Parliament of Uganda has, in its proceedings and procedure,
recognised four whips representing four different political parties. Each
whip is concerned with the matters of that party. The formulation we have
means we are not going to be able to participate as a party.
The strange thing is, the way the rules stand, I as a member of UPC I can
nominate an Independent candidate but I cannot nominate a UPC candidate. I
feel we are here on slippery grounds. If we are bending or going out of our
way to recognise the right not to associate, we are also stepping on the
right of those of us who have chosen to associate and are represented and
recognised within the workings of Parliament - (Interruption)
MS NALUBEGA: Thank you, honourable member, for giving way. The honourable
member has referred to Article 50 of the Treaty, which also talks about
shades of opinion. In this House, we have 43 shades of opinion represented.
I have a shade of opinion and all other Independents here have a shade of
opinion, each standing on their own. There has been this argument that every
Independent MP is independent of another. Therefore, if we are to stick to
the Treaty, it means that I should have somebody to represent my opinion in
EALA.
Secondly, the issue of numerical strength does not also apply here. If you
look at the members that constitute this Parliament, we are 43 Independent
members. We can also demand numerical strength, if we drive away from the
issue of shades of opinion standing on its own as independent. My argument
is, CP has one representative here and JEEMA has one representative here, so
if JEEMA demands to be represented, I should be represented as a shade of
opinion in EALA.
Therefore, I would want to appeal to this House that we devise means that
are going to facilitate our country to have good representation no matter
who is not represented. I will forfeit to be represented as a shade of
opinion but have someone representing Uganda, not my opinion as a
representative of Butambala. So, hon. Akena, I think the slots that we are
going to divide amongst ourselves are not just for parties but for the
country. Thank you.
DR BARYOMUNSI: Thank you very much, Mr Chairman, and I thank hon. Akena for
giving way. The additional information I want to give the House and hon.
Akena is that we need to borrow from the experiences of the other partner
states within the region.
In determining representation, especially with respect to shades of
political opinion, you do apply both the qualitative and quantitative tests.
This can be done in the sense that the various parties, for instance,
participate. So, what would be expected is that when we say two members from
the Opposition, the Opposition should provide an opportunity for the various
parties in the Opposition to participate in generating the two members. That
way, they will have participated.
When you talk of political shades, if you take it literally and you use a
pie chart and you are looking at the political shades in Uganda, you will
say 80 percent of the shades are NRM, so the numerical strength remains very
relevant. This is true for all the partner states. Actually, you hardly find
the small parties represented in EALA, and we have asked this question in
various countries.
So, as you give arguments, you need to read and borrow from the practices of
Rwanda, Burundi, Tanzania and Kenya for you to make an argument. Let us not
argue for the sake of academic gymnastics - (Interjections) - The Prime
Minister is saying for once he has agreed I am legally qualified. That is
the information I wanted to give, that you need to look at the practices in
the other partner states. The way we are doing it is the way it is done
elsewhere in the region. I thank you very much.
MR AKENA: Honourable member, I raised clearly that Tanzania, which has a
similar situation that we do, followed a formula which recognised the
parties in Parliament. There is a member of EALA from Tanzania who
represents a party with 11 members in Parliament. There is another one who
represents a party with 31 members. There are other seven members who
represent CCM with 280 members. I am not getting away from that issue but
the party with 11 members and the other with 31 members are represented.
In this House, as I brought up, we have whips to organise us. The rules
specify that the UPC whip deals with UPC members, the Opposition Chief Whip
deals with FDC members, the Government Chief Whip deals with NRM and the DP
one deals with DP. That is where I raised the issue, around the whips. The
honourable commissioner is aware that the Parliamentary Commission has
provided offices for these whips. In other words, these whips and their
functions are fully recognised in this House.
The Treaty talks about political parties represented in Parliament. The
formulation where you are saying Opposition - the Treaty does not talk
about Opposition; it talks about the various political parties in the House.
As a member of a political party represented in this House, I also would
like an opportunity to participate in EALA.
Historically, UPC played a role in the origins of the East African
Community. There is a history behind the various political parties and not
the Opposition or Government. I am, therefore, appealing to honourable
members that within our own rules and within the workings of Parliament, we
have clear guidelines which show us how various political parties have been
interacting in this House. I ask you not to ignore it and not to drift away
from the spirit of the Treaty, which is captured in rule 11, and undo it
with sub rule (3) of the Appendix. Thank you.
THE DEPUTY CHAIRMAN: Honourable members, we adjourned this matter to this
morning to take a decision but I have looked around and we cannot take this
decision now. I have a shortage of about 17 members. Therefore, I will ask
for the motion to be moved for resumption and thereafter I will suspend the
House for 15 minutes. The bell will be rung and we will take the necessary
procedures.
MOTION FOR THE HOUSE TO RESUME
12.10
THE CHAIRMAN, COMMITTEE ON RULES, PRIVILEGES AND DISCIPLINE (Mr Fox
Odoi-Oywelowo): Mr Chairman, I beg to move that the House do resume and the
Committee of the whole House reports thereto.
THE DEPUTY CHAIRMAN: Honourable members, I put the question.
(Question put and agreed to.)
(The House resumed, the Deputy Speaker presiding.)
REPORT FROM THE COMMITTEE OF THE WHOLE HOUSE
12.11
THE CHAIRMAN, COMMITTEE ON RULES, PRIVILEGES AND DISCIPLINE (Mr Fox
Odoi-Oywelowo): Mr Speaker, I beg to report that the Committee of the whole
House has considered proposed amendments to Appendix B and deferred decision
on the same.
MOTION FOR THE ADOPTION OF THE REPORT FROM THE COMMITTEE OF THE WHOLE HOUSE
12.11
THE CHAIRMAN, COMMITTEE ON RULES, PRIVILEGES AND DISCIPLINE (Mr Fox
Odoi-Oywelowo): Mr Speaker, I beg to move that the report of the Committee
of the whole House be adopted.
THE DEPUTY SPEAKER: Honourable members, I put the question to the motion.
(Question put and agreed to.)
THE DEPUTY SPEAKER: Honourable members, the rules require me to suspend the
House for 15 minutes and the bell will be rung. Members who are present,
please do not go away so that we can come back and take this vote. It is
important that we do this today because we have a case in the East African
Court of Justice that is dependent on what we are doing today. We need to
facilitate the workings of the court also by taking a decision on what we
need to do. House is suspended for 15 minutes and the bell shall be rung. We
resume in 15 minutes.
(The House was suspended at 12.13 p.m.)
(On resumption at 12.37 p.m., the Deputy Speaker presiding_)
THE DEPUTY SPEAKER: Honourable members, I will use my prerogative under the
Rules of Procedure while we wait for the final numbers to come to amend the
procedure on rule 22, to allow the Leader of Government Business proceed
under rule 25, statement of business by Leader of Government Business:
Every last sitting day of the week, the Leader of Government Business shall
make a statement in the House regarding the government business of the
succeeding week.
12.40
THE THIRD DEPUTY PRIME MINISTER (LT GEN. (RTD) MOSES ALI): Mr Speaker, this
is the statement of Government business for the week starting 19 March and
ending 23 March 2012. Mr Speaker, in accordance with rule 25 of our Rules of
Procedure, I beg to inform the House that the following will form part of
the government business for the week from 19 to 23 March 2012.
Bills for First Reading
1. The Anti-Money Laundering Bill, 2009
2. The Retirements Benefits Bill, 2011
3. The Regional Governments Bill, 2009
4. The Narcotic Drugs and Psychotropic Substances Control Bill,2007
5. The Pharmacy Profession and the Pharmacy Practice Bill, 2006
6. The Uganda Forestry Association Bill, 2010
Bills for Second Reading
1. The Companys Bill, 2009
2. The Public Order Management Bill, 2011
3. The Uganda National Meteorological Authority Bill, 2010
Ministerial Statements on:
1. The progress of the implementation of the Parliamentary Resolutions on
the Cotton Sector by the Minister of Agriculture.
2. The performance of PLE and the USE and Government commitment to increase
teachers salaries by the Minister of Education.
3. Financing of roads by the Minister of Finance.
4. State of the economy by the Minister of Finance.
5. Youth Venture Capital Fund by the Minister of Finance.
Motions
1. Motion for a resolution of Parliament authorising Government to borrow
$150 million from the International Development Aid Association of the World
Bank Group for financing the municipal infrastructure development programme
in selected municipalities by the Minister of Finance.
2. Motion for presentation, consideration and adoption of the supplementary
schedule No.1 for financial year 2011/2012 by the Minister of Finance.
Thank you, Mr Speaker.
12.44
THE VICE-PRESIDENT (Mr Edward Ssekandi): Mr Speaker, I think some months or
weeks ago, I raised the issue of this business of announcing Government
business by the Leader of Government Business. The structures we have here
as far as business of the House is concerned are, the Business Committee
where even the Leader of Government Business has a representation. It is the
one to look at the business and line it up for handling in the House. We
also have the Order Paper for indicating the business of the following week,
which should be issued on a Friday. So, by Friday, we should know the kind
of business officially that will be handled in the following week.
I doubt whether the announcement by the Leader of Government Business for
business of that week will override the business that we arrange on the
Order Paper. I think we need to re-examine it because I see it really as a
formality which has no merit. It is high time we examined and saw how we
reconcile the work of the Business Committee and the powers of the Speaker
to set the business, rather than just hearing and then you find that the
Order Paper reflects a different thing.
12.45
MR ABDU KATUNTU (FDC, Bugweri County, Iganga): Thank you very much, Mr
Speaker. I think we need to know the intention of this particular rule. I do
imagine that the Leader of Government Business works closely with his
representative on the Business Committee and with the Office of the Speaker.
After they have worked together and reconciled the businesses they think are
priority, then the Leader of Government Business will come up with this sort
of statement to inform some of us such that we know vaguely what business
will come next week, because as the practice has been, we are faced with an
Order Paper sometimes an hour or two or three before the sitting, and we end
up not getting prepared for business. But now from this, I know the
Anti-Money Laundering Bill business is coming next week and now it is upon
some of us who are so interested in this particular business to go and
prepare, do research, consult people and when you start contributing, you
contribute from an informed position.
Really, it is not about the Business Committee, the Speaker and the Leader
of Government Business. This sort of rule allows some of us the
backbenchers, to vaguely have an idea on what business is coming next week
and then we prepare, because the most important thing is to prepare since
some of these bills need research and consultations.
We have been accused of not being prepared. We sometimes just jump on the
Floor without having the necessary facts; we embarrass ourselves and
eventually embarrass the House. So, my humble view to His Excellency the
Vice President is that, this thing is sort of helping us to prepare
adequately because we now have some idea of the business next week. I thank
you, Mr Speaker and His Excellency the Vice President.
12.48
MS JALIA BINTU (NRM, Woman Representative, Masindi): Thank you very much, Mr
Speaker. I am rising on a point of procedure. Today is a Friday and it is
coming to 1.00 p.m. and the Muslim community is supposed to be going to the
mosque to pray, and we are supposed to be here as well. I am raising a point
of procedure if we could break off so that some of us can go and pray and
then we come back.
If that is not the case - we have never had a meeting here on a Saturday nor
on a Sunday, but today, we are sitting and we are obliged. We were here
right from 10.00 a.m. up to now. I am seeking a point of procedure from you
on how we proceed. Thank you.
THE DEPUTY SPEAKER: Honourable members, it looks like the purpose for which
I had suspended the House has not been satisfied. I specifically suspended
the House and the bell was rung so that we could realise quorum to enable us
take a decision. I have done a quick head count; I still do not have the
quorum to continue with business. This House is, therefore, adjourned to
Tuesday 2 Oclock.
(The House rose at 12.50 p.m. and adjourned until Tuesday, 20 March 2012 at
2.00 p.m.)
Thé Mulindwas Communication Group
"With Yoweri Museveni and Dr. Kiiza Besigye Uganda is in anarchy"
Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni na Dk. Kiiza Besigye Uganda ni katika machafuko"
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