MPs revoke decision to confirm members to EALA

Obaj Shago | June 13, 2017 | 5:40 pmEast African Legislators during a
session in Arusha, Tanzania in June, 2017. PHOTO//EALA

The Transitional National Legislative Assembly has revoked its resolution
confirming nine members to the East African Legislative Assembly

The nine members were appointed through a presidential decree and were
confirmed by the assembly in March.This [Tuesday] morning, the chairperson
of the committee of Legislation and Legal Affairs, Dengtiel Ayuen Kur,
raised a motion to withdraw the parliamentary approval of the nine members.

The parliament’s decision to withdraw its approval comes after a court in
Tanzania issued an order stopping the swearing in of the members, but the
speaker said the resolution has nothing to do with the court order.

Honorable Deng said some provisions for sending members to the East African
Legislative Assembly were not fulfilled.“Though the Republic of South Sudan
sent it members to above Assembly in March 2017 it turn out that some basic
requirements of treaty was not satisfied,” said Hon. Dengtiel.

These include a representation of women by at least a third of the members
and election of the members in the assembly.“Our list had only two
honorable [women]. Our Transitional National Legislative Assembly didn’t
have a basic law on election of the EALA members to guide,” he added.

 Article 50 of the East African Legislative Assembly on Election of Members
of the Assembly says:The National Assembly of each Partner States shall
elect, not from among its members, nine members of the Assembly, who shall
represent as much as it is feasible, the various political parties
represented in the National Assembly, shades of opinion, gender and other
special interest groups in that Partner State, in accordance with such
procedure as the National Assembly of each Partner State may determine.

Honorable Dengtiel said all the requirements should have been fulfilled.The
MPs agreed to the motion and revoked their approval of the members.

The house speaker, Anthony Lino Makana, said a six member committee should
be formed to inform the house about the election law of the East African
Legislative Assembly.“Three of them must be lawyers and the others can be
other professions, so that they go and make this law and bring it to us
tomorrow [Wednesday],” Makana said.

The Tanzanian court had given an order in response to a petition that
challenges the appointment of the nine members through a presidential
decree.The members include Dr. Gabrial Garang Aher, Gai Deng Nhial, Joseph
Ukel Ubango, Dr. Anne Itto Leornado and Issac Aziz Justin.Others are Adil
Elais Sandrai, Gabriel Alaak Garang, Thomes Dut Gatkek and Gideon Gatpan
Thoar.

Last week, the East African Court of Justice said it granted an interim ex
parte or “one-sided law” order restraining the EALA from administering the
oath of office, or otherwise recognizing the 9 nominees from South Sudan
pending the hearing on 15th June 2017.

This decision was made after an application was filed by Mr. Wani Santino
Jada, a South Sudanese, against the Attorney General of South Sudan, the
Speaker of the Transitional National Legislative Assembly in South Sudan
and the Secretary General of the East African Community.

Mr. Wani petitioned the three institutions saying that in March 2017,
President Salva Kiir appointed the 9 persons in violation of Article 50 of
the Treaty for the Establishment of the East African Community.

The court hearing was comprised of Justices Monica Mugenyi, Principal
Judge; Isaac Lenaola, Deputy Principal Judge; Faustin Ntezilyayo, Judge;
Fakihi Jundu, and Audace Ngiye.

The court will hear the petition stopping their membership next week.South
Sudan officially joined the East African Community last year, with concerns
from opposition leaders that this would turn the country into a dumping
ground for goods from the region.

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