Date: 20^th February 2012

Hon .Members of the 9^th Parliament

Parliament of the Republic of Uganda

Re: The Position of the Law relating to EALA Elections.

Hon Members, as you proceed to debate the amendments to the Rules of Procedure of the Parliament of Uganda, including the Rules in Appendix B thereto for Elections of Members of the East African Legislative Assembly, I found it important as an Advocate, a person interested in East African Affairs, the applicant in Application No.6 of 2011 at the East African Court of Justice and the National Legal Advisor of the Democratic Party to forward this Legal opinion to you for your perusal in that noble  process.

The current law relating to the elections aforesaid is buttressed in the sources hereunder;

1. The Treaty for the Establishment of the East African Community. Particularly Articles 6(d), 50
2. The Vienna Convention on the Law of Treaties Articles, 13,14,15,16,17,18,27 and 42-72.
3. The Constitution of The Republic of Uganda.Particulary Art 8A, Objective XXVIII (i) b, Articles 21(1and 2), 29(1e), 89(1), and 94(1).
4. Jacob Oulanya versus The Attorney General of Uganda, Constitutional Petition No. 28 of 2006.
5. The Democratic Party and Mukasa Fred Mbidde versus The Secretary General of The East African Community and The Attorney General of Uganda Application No 6 of 2011 Arising out of Reference No.6 of 2011 PENDING.
6. It is equally important to note that The East African Legislative Assembly Bill 2011 has been passed by EALA into law awaiting assent by the Summit confirming all the above positions.

Article 50 of The Treaty provides that,

“The National Assembly of each Partner state shall Elect,

not from among its members,

9 members who shall represent as much as it is feasible,

 the various Political Parties represented in the Assembly,

Shades of opinion, gender and other

Special interest groups, in accordance with the procedure as the National Assembly of each Partner State may determine”

The meaning of the above Article of the treaty and also as fortified in the jurisprudence at the East African Court of Justice and The Constitutional Court are therefore as follows;

1. Elections take place at and by the National Assembly according to the treaty
2. Elections include contested or un-contested elections; this was fortified in the case of Prof Peter Anyang Nyong v AG and ors.
3. That the method of distribution is to be among all parties represented at the National State Assembly.
4. That the provision is rather qualitative and not quantitative and thus considers the nominal prevalence of a political party at the Partner State Assembly for eligibility to be represented at EALA AND NOT BY HOW MANY MEMBERS OF PARLIAMENT A PARTY IS REPRESENTED IN THE NATIONAL ASSEMBLY.
5. That any reference to Numerical strength of a political party as a standard requirement by a Political Party for representation to The East African Legislative Assembly is unlawful and infringes the treaty.
6. The East African Legislative Assembly is an organ of the Community under Article 9 of the Treaty and as such in elections therefor, the treaty applies with equal force.
7. That the Democratic Party and Anor, as the Applicants in Application and Reference No 6 of 2011 have a mandatory entitlement to a slot, being a political party represented at the National State Assembly.
8. That the Secretary General to the East African Community has already written to all Partner states including Uganda to comply as aforesaid.
9. That there is an  interim injunction over parliament emanating from the case of The Democratic Party and Anor Versus The Community and the Attorney General, already served on the Speaker and the Attorney General of Uganda which  bars the Ugandan Parliament from conducting elections until Rules are amended to suit the above requirements.
10.  That the East African Legislative Assembly Elections bill 2011 was passed by the East African Legislative Assembly and the same provides for the manner of elections representative of all parties represented at the State Assemblies .Parliament is enjoined to enact Rules of Procedure that operationalizes Article 50 and not one seeking to amend it .It’s important to note that the Ugandan Parliament has no Powers to Amend the Article 50 to the Treaty.
11. Parliament has to conclude the business of amendments of the Rules if Uganda is to have elections within the stipulated time frame which is currently at  3 months to the expiry of the current term.(1^st March remains the proper date for elections since the current term expires in June this Year)
12. That entitled Political Parties should be required to nominate their candidates that will contest for the slots accorded to them either competitively or un-contested for Parliament to Elect.
13. That the Democratic Party shall not vacate our injunction until respect for our entitlement is met.
14. That the East African Court of Justice has fixed 29^th February this year as the return date by the Applicants of the Democratic party and another versus the AG and the Community on which we shall report the outcomes of the amendments where if such amended rules are found to contradict the Treaty, and Permanent Injunction shall inevitably be slummed on to the Ugandan Parliament that no elections of EALA will take place.
15. That Independents have a mandatory Slot for EALA.
16. That there are only 6 Political Parties and 1  shade of opinion represented in the house of Parliament in Uganda namely;

(i)                The National Resistance Movement –NRM

(ii)              The Forum for Democratic Change-FDC

(iii)            The Democratic Party-DP

(iv)            The Uganda People’s Congress-UPC

(v)              The Conservative Party-CP

(vi)            The Justice Forum-JEEMA

(vii)          The Independents

The above have to vie for the 9 slots obtaining at the regional Assembly and any attempt to distribute a slot for each of the entities above remains lawful and feasible within the meaning of the Treaty and does not warrant the National Parliament to develop a formula for the same. Two slots remain available for the special interest Groups and /or any other manner of distribution preferred by the Assembly.

Independent Candidates may by gazette be notified of the campaigns and as such expression of interest thereby is done to the Clerk’s office, being the returning officer in the circumstances for such category of persons to express interest and to subsequently vie for the same.

Mukasa Fred Denis Mbidde (0752697046)

B.Mass (MUK), LLB (MUK), Dip-LP (MUK), LLM-Cand (MUK)-Advocate

Chief Legal Adviser-DP

Chief Legal Adviser.

The post DP petitions parliament over election of East African Legislative Members first appeared on Uganda Multimedia News & Information.

The East Africa Legislative Assembly MPs have today managed to pass the Inter University Council for East Africa bill despite heavy protests from the East Africa Council of Ministers.

The bill, which was passed by the assembly today, will establish a regional body to accredit universities that wish to establish themselves in the region.

The chairman of council of ministers, Peter Munya tried in vain to block the bill from being passed, noting that the assembly should wait for the review process with partner states to be finalized before legalizing the body.

Munya further explained that there are parallel accreditation institutions in each partner state and each needs to do further consultation.

However, this was rejected by several MPs, including the mover of the bill, Wandera Ogalo, who insisted that with harmonization of the education policies on accreditation, it would be easier for universities to establish themselves across the region.

The Speaker of the assembly, Abdirahim Abdi later put the question, with the legislators unanimously voting for the passing of the bill.

The post EALA passes Inter University Council of East Africa bill first appeared on Uganda Multimedia News & Information.

Uganda working through its representative in the East African Legislative Assembly (EALA), Wandera Ogalo thought an amendment of the Inter University Council of East Africa in order to have a unified mode of accrediting higher institutions of learning in the region and create a one stop center for all institutions in the region.

We hear Ogalo wanted the head offices of the council to be based in Kampala. The line ministers from Rwanda, Tanzania, and Burundi led by Kenya’s East African Affairs minister, Peter Munya, disagreed with the amendments.

Uganda had wanted the law to be amended to allow foreign institutions to be accredited at the regional level. However the ministers rejected the proposed close saying that foreign powers could be hiding behind Uganda to impose their education policies and wishes on East Africa.

The post African ministers block Uganda education colonialism first appeared on Uganda Multimedia News & Information.

The Ugandan representative to the East African Legislative Assembly Dan kidega has demanded the East African governments through the East African council of ministers to agree on the method of dealing with the problem of water hyacinth reported on lake Victoria again.

This followed the EALA committee on  Accounts on the East African community for year 2010 chaired by Bernard Mulengan reporting that water hyacinth on lake Victoria is a burden to the vessel’s operation and no efforts are in place to stop the hyacinth .

Kidega said that the East African countries should agree on the methods to remove the water hyacinth on Lake Victoria by use of mechanical approach, use of insects like beetles or use of chemical to spray the hyacinth.

The East African MPS who are now sitting in Uganda parliament noted that the vessel given to the East African community by UK’s Department of international Development in 2004 for use on Lake Victoria to improve safety of navigation and research is not operational due to water hyacinth reported on Lake Victoria waters.

The post East Africa MPs want countries to deal with Water hyacinth first appeared on Uganda Multimedia News & Information.

According on the agenda, the East African MP will on Tuesday debate the Inter-University Council of East Africa (IUCEA) Bill. The bill seeks, among others, to create a organ to accredit universities in the East African Community.

The EALA members believe that the legislation will boost the quality of education among East Africa community states ofKenya,Rwanda,Burundi,UgandaandTanzania.

Other issues the members of EALA will discuss this week include the Trans-boundary Ecosystem Management Bill 2010 and the EAC Polythene Materials Control Bill among others.

Ultimate Media

The post East African MPs debate inter university council bill first appeared on Uganda Multimedia News & Information.

 The session was opened by President Museveni on January 25^th 2012.  President Mwai Kibaki of Kenya addressed the same EALA session on Wednesday January 25^th.

The East African Legislative Assembly meeting is sitting in Kampala from January 24^th to February 2^nd, this year.

The meeting is being presided over by its speaker Abdirahin Abdi. To day the members have discussed inter– university council ofEast Africabill and yesterday they discussed the East African Community Trans boundary ECO-system management bill 2010.

By Moureen Nakyanzi

The post EALA meeting in Kampala enters day three first appeared on Uganda Multimedia News & Information.

The security in Kampalaand around the parliament is so tight. The EALA session has been opened by President Museveni. The East African Legislative Assembly (EALA) session is sitting in Kampalafrom January 24^th to February 2^nd, this year.

President Mwai Kibaki ofKenyawill address the same EALA session on Wednesday this week. Kibaki is already inKampala.

 The session has been presided over by its speaker Abdirahin Abdi. On the programme, the members will discuss inter- university council of East Africa bill, The East African Community trans boundary ECO-system management bill 2010 and the East African Community polythene materials control bill.

 Ultimate Media

The post Museveni opens EALA meeting first appeared on Uganda Multimedia News & Information.

 The secretary generals of opposition parties such as DP, Forum for Democratic Change (FDC), Jeema, Conservative Party and Uganda Peoples’ Congress (UPC) have called for applications from suitably qualified members with intent to vie for the above positions as candidates. The Secretary General of DP, Mathias Nsubuga says that the position will go for the same qualifications as those of Uganda MPs.

Nsubuga says that his party DP needs to demonstrate and protect its track record of success in as far as brain power representation is concerned. Candidates require excellent verbal communication skills together with the determination to succeed in a competitive scrutiny before the parliament ofUganda.

Some of the candidates vying for the post on DP ticket are Mukasa Fred Denis Mbidde, Deo Kijjambu, John Mary Sebuwufu, Kenneth Paul Kakande, Anselm Sebuguzi and Xervia  Katabarwa.

However DP is more likely to nominate Mukasa Mbidde as its representative in EALA because he was the one who single handedly asked the East African court of justice to allow opposition parties represented inUgandaparliament to send representatives in EALA.

By Walakira Nyanzi

The post Uganda opposition Parties split over East African MP posts first appeared on Uganda Multimedia News & Information.

 Members of opposition political parties inUgandaare preparing themselves to vote their respective representatives in the East African Legislative Assembly come the month of April 2012. The chief Legal advisor of the Democratic Party, Mukasa Mbidde says that he is surprised that some people in DP are preparing themselves to vote on an order of court. “For me I am already an MP in East African parliament by court order and not as a subject of DP vote,” he told our informer yesterday. Mbidde says he is already MP because no organ of DP has appellate jurisdiction over the East African Court of Justice. He says that those DP members preparing to verse him should instead lodge an appeal with the court in question in order to over turn the court ruling than dressing up to a contest that never will. Mbidde says that those who know him would have expect him to have launched a deadly campaign if there would be any elections on the subject.

 The applicants in the case were two. DP seeking to have a right to front a candidate by court declaring the current law void. DP was represented by Mbidde. The second applicant was Mbidde seeking for a right to stand as a candidate on the ticket of the first applicant himself represented by his lawyer, Justine Semuyaba. The orders were passed and DP has a right to front a candidate and Mukasa Mbidde has a right to be the candidate.

The post East African court of justice names Mukasa Mbidde East African parliament MP first appeared on Uganda Multimedia News & Information.

There are five candidates in the race but the top leadership of DP has to pick one out of the many. The candidates include DP legal advisor, Mukasa Fred Mbidde, former Makindye Division LC3 chairman, Deo Kijjambu, former KCC councilor representing Kisenyi, John Mary Sebuwufu, DP spokesman, Kenneth Paul Kakande and one Anselm Sebuguzi. But Kakande is being pressurized by Uganda Young Democrats to contest.

The issue of EALA elections has divided DP members to an extent that most of them have started fighting and abusing each other. All factions in the race claim that they have a blessing of the party president Norbert Mao. The elections come after the East African Court of Justice ruled that DP and other Uganda opposition parties represented in parliament have a right to have members in East African Parliament (EALA).

 By Christine Kate

The post DP members join East African Legislative Assembly race first appeared on Uganda Multimedia News & Information.