EALA Speaker survives censure

The  censure of East African Legislative Assembly (EALA) Speaker Margaret Nantongo Zziwa failed yesterday after three Tanzanian legislators withdrew their signatures.

Tuesday, June 03, 2014
SURVIVED: EALA Speaker Margaret Zziwa can now afford to smile after three Tanzanian MPs withdrew their signatures from the motion seeking to impeach her. Jean du2019Amour Mbonyinshuti.

The  censure of East African Legislative Assembly (EALA) Speaker Margaret Nantongo Zziwa failed yesterday after three Tanzanian legislators withdrew their signatures.

The lawmakers attempted to use yesterday to debate the censure after being given a green light by the East African Court of Justice (EACJ) last week.

But this failed after MP Shy-Rose Bhanji (Tanzania), told the House that three of her Tanzanian colleagues, including herself had withdrawn their signatures appended to the motion ‘rendering it not valid for (censure) debate’.

 "I stand to confirm that Hon. Adam Kimbisa, Hon. Maryam Ussi and I, have withdrawn our signatures to the motion upon reflection. 

We shall thus not be proceeding with support of the motion to remove the Speaker and United Republic of Tanzania does not have the required signatures to proceed,” Bhanji told a charged House.

Spirited calls by MPs including AbuBakr Ogle (Kenya), Abubakar Zein Abubakar (Kenya) to proceed with the motion were futile and the House was adjourned after an adjournment motion was moved by MP Nusura Tiperu.

 MPs who oppose the Speaker’s impeachment include Susan Nakawuki (Uganda), Taslima Twaha (Tanzania), Mukasa Mbidde (Uganda) and Mumbi Ngaru (Kenya). 

 "The motion is dead and the movers must look for alternative ways to resuscitate it if they so wish,” Mbidde said.

 MP Nakawuki noted that the motion could no longer hold water since it did not meet the four required signatures from Tanzania.

However, Wilbert Kaahwa, the Counsel to the Community informed the House that the removal of the signatures bore no consequence to the motion at hand.

"The act of adjourning the House was not prompted by  the motion moved by Hon. Peter Mathuki,” the Counsel said, appealing for the matter to be urgently dispensed.

It is expected that should the matter appear on the Order Paper for Wednesday, then the censure motion would be forwarded to the Committee of Legal Rules and Privileges for consideration.

The Committee will investigate and report back to the Assembly.

The EALA Rules of Procedure prevent, the Speaker in respect of whom proceedings have commenced from presiding over the matter.  

The Speaker is entitled according to Rule 9 (5) of the Rules of Procedure, to appear in person and be assisted or represented by a lawyer or any other person when the Committee is investigating his or her removal.

EALA has 45 lawmakers with equal representation from the five partner states.

Last week, 38 MPs had signed the censure petition against her.

 A motion to censure the Speaker can only be tabled after at least four MPs from each partner state sign on the petition.

 Last week, MP Peter Mathuki (Kenya) told The New Times that he was confident nothing would prevent the motion from being tabled on Tuesday.

EALA adjourned for recess on April 3, by which time the lawmakers had made submissions on the need to re-introduce the motion to begin proceedings against the Speaker.

An application to slap an injunction against Zziwa’s censure had been filed by MP Fred Mukasa Mbidde (Uganda) at the EACJ.

In April, the court issued interim orders stopping the censure motion until it pronounced its ruling on the matter last week allowing it to proceed.

Last year, some EALA members accused Zziwa of incompetence and allowing external forces to influence her decisions

Yesterday’s development pushed the much anticipated EALA Budget Speech for today Wednesday, according to a statement from EALA.