Justice Minister and Attorney General, Tharcisse Karugurama, did not have his way as usual in the House during an extraordinary session hurriedly convened to address pressing matters, on Friday. Karugarama was tabling a draft organic law modifying an article in the organic law of 2009 which sets up general provisions governing public institutions.
Justice Minister and Attorney General, Tharcisse Karugurama, did not have his way as usual in the House during an extraordinary session hurriedly convened to address pressing matters, on Friday.
Karugarama was tabling a draft organic law modifying an article in the organic law of 2009 which sets up general provisions governing public institutions.
When the legislation was passed in 2009, all public institutions were supposed to restructure their laws and confirm to the same law by December 30, this year, for the purpose of uniformity especially in matters like Directors’ advantages, remuneration, and others.
About 100 institutions have complied.
But as the deadline looms, it seems the remaining nine will not be able to meet it.
Irritated lawmakers pointed out at several possible explanations, including irresponsibility by the mother ministries as well as possible incompetence by heads of some public institutions.
Among the nine include the now insolvent public transport company, Onatracom, Rwanda Bureau of Standards (RBS), Rwanda Institute of Administration and Management (RIAM), Rwanda Cooperative Agency (RCA), National Institute of Statistics of Rwanda (NISR) and Rwanda Environment Management Authority (REMA).
Karugarama’s appeal, as noted in the draft bill he tabled, was that Parliament amends the law to give the Executive an extension of two more years for the nine public institutions to conform to the law.
The Minister wanted Article 12 of Organic Law of 2009 to be modified as follows:
"All Laws and regulations governing Public Institutions that are in force to date shall be in conformity with this Organic Law in a period not exceeding two (2) years running from the date of 30/12/2011 to 30/12/2013.”
Despite the Minister’s explanations as to what caused the delay as well as his pleas for the lawmakers’ approval of a two-year extension, the MPs did not budge.
The House unanimously voted that the nine institutions be given only one more year to do what they are supposed to do.
Like others, Hon. Juvenal Nkusi acknowledged the hitch but noted that the House could not just ignore what seemed to be underlying problems of irresponsibility.
"When we passed the law in 2009, we wanted everything to be complete in two years. Now, what did these institutions really lack so as not to complete what they were supposed to do? Is it a question of less capacity, or is it lack of the will?” Nkusi wondered.
Lawmakers stressed that caretaker ministries be held responsible.
"This is a clear indication that there are ministries that do not properly monitor institutions under their care, just as the Auditor General has told us,” said Hon. Abbas Mukama.
The Lawmakers could not understand why 100 institutions conformed to the law in a space of two years yet the remaining nine also need two more years.
Karugarama owned up and begged pardon on behalf of government.
"I want to admit, publicly, that I also share the concerns with you. And secondly, I also admit that mistakes were made,” he admitted.
"Some of the mistakes can be explained. It was not due to bad will or a desire to do bad things. I accept responsibility and ask for forgiveness, on behalf of government.”
According to Karugarama, there were certain scenarios that were beyond control especially as some of the nine institutions faced problems that could not be easily sorted out.
He gave an example of Onatracom, where he said a debate is still ongoing to decide its fate, and REMA, where internal laws are not yet clear.
Karugarama’s stalemate comes in the wake of Cabinet’s approved of a draft organic law modifying and complementing the Organic Law of 2009 establishing general provisions on public institutions, last Wednesday.