EALA endorses EAC Oaths Bill

EAST African Legislative Assembly (EALA) met here on Wednesday for debate and adoption of the East African Community (EAC) Oaths Bill, 2018.

The Bill endorsement paves way for EAC employees and persons testifying before the East African Court of Justice (EACJ) and related quasi judicial bodies to swear oath of affirmation.

The debate, which resumed after its suspension on March 15, this year, was preceded by presentation of the Report of the Committee on Legal Rules and Privileges by the Committee Chairperson, Ms Fatuma Ndangiza.

During the debate, the lawmakers said the Bill lacked provisions for sanctioning individuals who violate the oath or affirmation, calling for the committee on legal, rules and privileges, in consultation with the Chairperson of the Council of Ministers, to include the vital penal provisions.

The EAC Oaths Bill, 2018 is essential to the community because it legislates for the oaths to be taken by people employed by or providing services to the community, as well as individuals testifying before the EACJ, the committee of the EALA and the community’s quasi-judicial bodies.

Article 72 (1) of the Treaty for establishment of the EAC requires all staff of the community to pay allegiance to the community and provides in part that “in the performance of their functions, staff of the community shall not seek or receive instruction from any partner state or from any other authority external to the community.” The report observes that the laws providing for oaths do not ordinarily provide for sanctions against the breach of the oath or affirmation.

Members further observed that penalties for breach of confidentiality or secrecy are usually provided for by either the penal or criminal laws of a jurisdiction or specifically provided for in laws relating to protection of confidentiality or secrecy.

“The Bill seeks to provide for the obligation to take oaths or affirmation and to prescribe the actual oaths or affirmations. To include sanctions in the Bill will be going into territory that should be the subject of another law on confidentiality,” reads the report.

The report notes that until the specific law on confidentiality information or secrecy is developed, there are other laws in the community and in the partner states, including the EAC Staff Rules and Regulations, Rules of Procedure of the EACJ, the EALA (Powers and Privileges) Act, 2003 and the Rules of Procedure of the EALA, that can be used to punish those breaching confidentiality.

In his contribution, Aden Omar Abdikadir lauded the committee members and the House at large for their many hours that they put in getting the specific Bill, saying it was a sign of commitment to the community work.

Members who rose up in support of the debate were Norru Abdi, Dr Abdullah Hasnuu Makame, Wanjiku Muhia, Rose Akol Okullu, Fatuma Ibrahim Ali, Dr Francois Xavier Kalinda and Gideion Gaptan Thoar.

Others were Kennedy Mukulia, Oda Gasinzigwa, Simon Mbugua Nganga, Paul Musamali, Maryam Ussi Yahya, Josephine Sebastian Lemoyan and Mathias Kasamba. The House further received contributions from Mary Mugyenyi, Dennis Namara, Gai Deng, Engineer Mnyaa Mohammed Habib, Fancy Nkuhi, Adam Kimbisa, Christopher Opoka Okumu and the Council of EAC ministers.