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JANUARY,2017
1.0.
INTRODUCTION
Rt. Hon. Speaker and Hon. Members, allow me present to this August House
the Report of the Committee on Rules, Privileges and Discipline on the review
of the Rules of Procedure of the Parliament of Uganda.
This lOth Parliament was formally opened by H.E. President Yoweri Kaguta
Museveni on 19th May 2016. Upon its commencement, and as is the tradition,
Parliament used the Rules of Procedure of the 9th Parliament to guide its
proceedings pending the formal adoption of new Rules of Procedure for its
operations as per Article 94( 1) of the Constitution which provides that:
revzew
these
Rules from
time
to
time
and
to
make
such
and
'I
''Against the
nmen,t
I 1
:
%F5E'i37RWF
against the busy schedule of Parliament and its Members, and it is now my
great honour, Rt. Hon. Speaker, to report to Parliament on this task.
2.0 METHODOLOGY
the
Parliament
(Powers
and
Privileges)
Act,
the
gth
g) Accommodate
technological
advancements
1n
the
workings
of
of separation
of powers
between
the
three
arms
of
Government.
2. To identify and fill gaps in the Rules to ensure completeness of the
procedures and practices of this Parliament.
3. To receive views, recommendations and proposals in respect to the Rules,
its shortfalls and areas for consideration for amendment, from Members of
Parliament, Leaders and Organs of Parliament, the Executive, Political
Parties, Civil Society, the general public and other stakeholders, and
utilize the information so gathered for the revision of the Rules.
4.
11.
111.
1v.
v.
Equal Opportunities
g. Budget Committee
vn.
vn1.
IX.
x.
XL
xu.
x111.
The Committee also sent delegations to the House of Commons (UK) from 21st
to 23rd November 2016, the East African Legislative Assembly (EALA) from 11th
to 18th November, 2016 and the Zambian Parliament from 7th to 11th
November, 2016.
The Committee held several meetings within Parliament to analyse the
proposals received and also held a 3-days retreat in Mbale to review proposed
amendments to the Rules and draft this report.
3.0
KEY
CONSIDERATIONS
THAT
INFORMED
THE
ASSEMBLY
The Committee noted that the current Rules of procedure for election
Members of
East African Legislative Assembly are
ith
5
ruling of the East African Court of Justice in Reference No.6 Of 2012 between
Among A. Anita and Attorney General of Uganda and The Secretary
General of the East African Community and 9 Others.
The court in that case found that Rule 13( 1) and (2) of Appendix B is alien to
both the spirit and requirements of Article 50(1) of the Treaty Establishing the
East African Community in as much as it emphasized consultations and
consensus of political parties and Members of Parliament.
The Committee therefore recommends that Parliament amends the Rules of
Procedure;
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The Committee received and discussed proposals for the Leader of Opposition
to lay reports on the Floor and to make it mandatory for Parliament to debate
such reports and pronounce itself on the recommendations therein.
The Committee recommends that the Rules of Procedure be amended in
conformity with the provisions of the Administration of Parliaments Act.
OF
MACROECONOMIC
PLAN
AND
INDICATIVE
The Committee observed that the Public Finance Management Act specifies the
timing and content of the Policy Statement by a Minister responsible for a vote
to be submitted to Parliament. There was therefore need to align the provisions
for the Public Finance Management Act with the Rules of Procedure regarding
Policy Statements.
The Committee recommends that the Rules be amended in agreement
with the provisions of the Public Finance Management Act.
d) TIMING AND CONTENT OF ALTERNATIVE POLICY STATEMENTS
Following from the aforegoing since the timing for the Ministers' submission of
their Policy statements to Parliament was specified by the Public Finance and
Management Act, alternative policy statements in response by the shadow
ministers would be expected two weeks after.
The Committee recommends that the Rules of Procedure be amended to
provide for a response to the Ministerial Policy Statements by the shadow
Ministers within two weeks.
e) SUBMISSION OF REVENUE AND EXPENDITURE OF GOVERNMENT
The Committee noted the new budget timelines introduced by the Public
Finance Management Act which in effect would require presentation of the
budget estimates of the new financial year on the 1st of April of the preceding
financial year.
The Committee recommends that the Rules be amended in conformity
with the provisions of the Public Finance Management Act.
CONSIDERATION
PARLIAMENT.
OF
REPORTS
ON
BUDGET
ESTIMATES
BY
I"
g) OTHER FINDINGS
MANAGEMENT ACT
RELATING
TO
THE
PUBLIC
FINANCE
The Committee noted that the provisions of the Public Finance Management
Act would affect the timing and content of the presentation of the Certificate of
Financial Implication, as well as the composition and functions of the
Committee on Budget.
The Committee recommends that the Rules be amended to match
concurrently with the provisions of the Public Finance Management Act.
h) CONSIDERATION OF TREASURY MEMORANDA
The Committee received and discussed proposal to provide for specific action
to be taken on Treasury Memoranda once received by Parliament. The
Committee noted that the National Audit Act 2008 requires the Auditor
General to audit the Treasury Memoranda.
The Committee recommends that the Rules of Procedure be Amended to
provide for specific action to be taken on the Treasury Memoranda to
complete the accountability cycle.
3.4 FINDINGS
PARLIAMENT
REGARDING
FUNCTIONING
OF
COMMITTEES
OF
10
,m
it~es
from time to
These functions would provide Parliament with vital information needed for its
proper monitoring of the state of the economy.
The Committee recommends that the Rules be amended to include
additional functions to the Committee on National Economy.
f) ADDITIONAL FUNCTION OF THE GOVERNMENT ASSURANCE AND
IMPLEMENTATION COMMITTEE
The Committee received and discussed the proposal to require the Committee
on Government Assurances and Implementation to provide that such
outstanding government assurances be referred to sectoral committees at the
start of the budgeting cycle. This is intended to facilitate government
fulfillment of its pledges.
The Committee recommends that the Rules be amended to incorporate
this new proposal.
g) FUNCTIONS
ACCOUNTS
OF
THE
COMMITTEE
ON
LOCAL
GOVERNMENT
The Committee noted that other than the proposal for renaming this
committee, under section 88 of the Local Government Act, Parliament
delegated its power to examine the Auditor General's reports on the accounts
of the Local Government to District Public Accounts Committee. These
however lack the requisite capacity to effectively examine the said accounts.
The Committee recommends an amendment to the Local Government
Act such that Parliament recalls its power to examine accounts of
Districts and Municipal Council.
The Committee further recommends to the Ministry of Local Government
to build capacity of the District Public Accounts Committee to play their
role effectively.
h) REMOVAL OF CHAIRPERSON FROM OFFICE
The Committee observed that despite the fact that Chairpersons or Vice
Chairpersons are designated by the relevant Whips,
oval from office
lies entirely in the hands of the committee member
There was need to provide for a fair process of removal of the chairperson or
vice chairperson from office after being accorded a fair hearing which should
include giving them reasonable time before debate on the motion.
The Committee recommends that the Rules of Procedure be amended to
provide for natural justice and a fair hearing during removal of a
Chairperson or a Vice Chairperson of a Committee.
i)
"
13
the
start of every
Parliamentary Sitting.
16
OF
MEMBERS
OF
17
The Committee noted that some times the Speaker might make rulings that
are not provided for in the rules. Such rulings should become part of the
procedure of Parliament until such a time when the rules are substantially
amended to codify them.
18
MEMBERS
NO.
1
NAME
HON.ONGALO-OBOTE CLEMENT
KENNETH
C/P
---+--
----~--------------------
. ~---------------~--------------!
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-------------------1
12
13
14
15
16
17
HON.SSEMPALA l{IGOZI
18
Hon.
- - - - - - ---------------------------
---------------1
r----+-------------~
19
20
22
23
HON .OBOTH-MARKSC)N~--
24
19
RULEl.
INTERPRETATION
RULES.
ELECTION OF SPEAKER
Insert sub rule (17) as follows(17) The person elected as Speaker upon taking the oath of Speaker shall be
presented with; the Mace, the Uganda Flag, the Coat of Arms; the Speaker's robes,
the Rules of Procedure and the Constitution of the Republic of Uganda.
Justification. There is need to institutionalize the symbols of authority of the House.
RULES.
Page 1 of 27
RULE9.
Rephrase sub rule 4 as follows(4) Notwithstanding sub rules (2) and (3), the Speaker shall ensure that all
members of Parliament have a comfortable seat.
Justification. To augment the Speaker's discretion and mandate to allocate a Member a
seat in the House
PARLIAMENTARY COMMISSIONERS
RULEll.
Justification
To align the provision to Section 2 of the Administration of Parliament Act, Cap 257.
NEW RULE
Insert a new rule immediately after Rule 13 as follows;
The Leader of the Opposition
(1) The party in the opposition to the Government having the greatest numerical
strength in Parliament shall elect a Member of Parliament to be the Leader of the
Opposition in Parliament.
(2) The Leader of the Opposition shall;
(a) provide leadership to the opposition members within Parliament.
act as a spokesperson of the opposition members within Parliament.
RULE15.
SUSPENSION OF RULES
Rephrase sub rule (2) to read as follows(2) This rule shall not apply to this Rule and rules 5, 6, 11, 12, 13(1), 15 and 88.
Justification. To entrench Rule 15 so that it is not subject to suspension, thereby defeating
the entire rule.
REQUEST FOR RECALL OF PARLIAMENT FROM RECESS
RULE20
Insert new sub rules immediately after sub rule (2) as follows;
(3) The main subject of the Petition shall be reflected on each page of the Petition
(4) Any signature appended to the Petition shall not be withdrawn
Justification.
RULE24.
ORDER OF BUSINESS
Kakoma, Parliament agreed to sing the National Anthem at all important functions. A
parliamentary siting is one such important national function.
2.
Justification: To provide for statements made by the Leader of the Opposition and
shadow minister
RULE 29.
PETITIONS
I'
PART VII
PRESENTATION OF REPORTS OF
PARLIAMENTARY DELEGATIONS ABROAD
DELEGATIONS
(2) Upon laying of the report under sub rule (1 ), the leader of the delegation or the
member shall present a brief summary of the report and highlight the key
recommendations contained in the report.
(3) The Speaker shall appoint time, not exceeding forty five minutes, for debate.
Justification. To make it mandatory for Parliament to debate the report and pronounce
itself on the recommendations therein.
RULE33.
NEW RULE.
(2) Upon laying of the report under sub rule (1), the Leader of the Opposition or the
member shall present a brief summary of the report and highlight the key
recommendations contained in the report.
(3) The Speaker shall appoint time, not exceeding forty five minutes, for debate.
Justification. To make it mandatory for Parliament to debate the report and pronounce
itself on the recommendations therein.
Justification. Section 6E of the Administration of Parliament Act 2006 mandates the leader
of Opposition to check the Government. Th~ rules should establish a mechanism for
Parliament to receive reports of studies conducted by the Leader of The Opposition.
NEW RULE.
(2) Upon laying of the Debates, Bills and Acts, the Minister shall present a brief
summary of the Debates, Bills and Acts and highlight the key issues for
parliamentary concern.
(3) No debate shall ensue.
Justification. Article 65 of the Treaty provides that in order to enhance relations between
the Assembly and National Assemblies of the Partner states, copies of the relevant debates
of the Assembly as well as bills and Acts of the Community should be laid before the
national Parliaments for information.
NEW RULE.
(3) The Committee on Foreign Affairs shall examine all treaties, Protocols and
international agreements laid before Parliament and shall report to the House
within forty five days.
(4) The Minister shall, at least twice a year, report to Parliament on the implementation
of any international treaty, protocol and agreement entered into by Government.
Justification. To enhance Parliament's oversight role.
PART VIII
PRIME MINISTER'S TIME, QUESTIONS TO MINISTERS AND OTHER MEMBERS
PART IX
STATEMENTS BY MINISTERS, MEMBERS AND PERSONAL EXPLANATIONS
NEW RULE.
Insert a new rule immediately after rule 44 as follows;
The Leader of Opposition may, with the permission of the Speaker, make a
statement at an appropriate time in reference to the state of nation address,
Budget framework paper, economic, political and current affairs explai
position of the Opposition on the subject matter.
Page 8 of 27
(2) The Statement made by the Leader of Opposition may be debated by the House
provided that such debate shall not exceed one hour.
Justification. To provide for responses by the Leader of Opposition in accordance of 6E of
the Administration of Parliament Act, Cap 257.
PART XIV
VOTING IN THE HOUSE
NEWRULE..
Insert a new rule immediately after Rule 86 as follows;
Voting in the House
(1) Every member present in the House at a time of voting shall cast a vote
(2) Voting in the House shall be by:
(a) voice voting;
(b) secret voting;
(c) electronic voting;
(d)division; or
(e) Roll call and tally
Justification. To introduce the different methods of voting.
RULE87.
VOICE VOTING
(1) Except where these Rules expressly provide otherwise, wh~re a matter is to be put to
vote, voice voting shall be the default method of voting.
(2) When a question has been put by the Speaker or the Chairperson, the votes shall be
taken by voices of" Ayes" and "Noes" and the result shall be declared by the Speaker
or the Chairperson.
Justification. Voice voting is the default method of voting
RULE88.
SECRET VOTE
Page 9 of 27
RULE89.
When the Speaker directs a roll call voting to be taken, the bell shall be rung for five
minutes.
(3)
The names of one teller for the "Ayes" and one teller for the "Noes" shall be
submitted to the Speaker and the Speaker shall direct the tellers to take seats at
designated places.
(4)
The Speaker shall then direct the doors to be locked and the bar drawn and no
Member shall thereafter enter or leave the House until after the roll call vote has
been taken.
(5)
The Speaker shall put the question again and direct the Clerk to call out the names
of Members in alphabetical order in the presence of the tellers.
(6)
When called out, each Member shall, thereupon rise in his or her place and declare
assent or dissent to the question in the following manner; "I vote Yes"; or, "I vote
No"; or, "I Abstain", or use a recognized sign la
Page 10 of 27
(7)
After the Clerk has read the last name in the division list, the tellers shall present
the result of the roll call vote to the Speaker who shall thereupon announce the
result of the vote to the House.
(8)
Confusion or error
In case of confusion or error occurring in the course of a roll call voting concerning
the numbers or names recorded, which cannot otherwise be corrected, the Speaker
shall direct the House to proceed to another roll call vote.
Justification. To provide for a more detailed procedure for the roll call and tally voting
method.
NEW RULE.
ELECTRONIC VOTING
When an electronic voting is to be taken in the House, the bell shall be rung for five
minutes after which the House shall proceed to vote.
(3)
During electronic voting, Members shall cast their votes by pressing either the "Yes",
"No" or "Abstain" button.
(4)
As soon as the result of the voting appears on the indicator board, the Speaker shall
declare the results of the votes cast forthwith.
(5)
A member who is not able to cast his or her vote electronically, due to any reason
considered justifiable by the Speaker, may before the declaration of the results by the
Speaker, have his or her vote recorded verbally by staf g w her he or she is in favor
of or against the question.
Technical failure, c
(1)
Where a technical failure, confusion or error occurs in the course of electronic voting
which in the opinion of the Speaker cannot otherwise be corrected, the Speaker may
direct the House to another round of voting.
(2)
Where the technical failure, confusion or error continues to occur in the course of
electronic voting, the Speaker may direct that the House to proceed to a division.
Justification.
Arrangements are being made to introduce electronic voting in the House.
RULE90.
DIVISION
Replace sub rule (1) with the following;
"(1) A division may be ordered by the Speaker where:
(a) a technical failure, confusion or an error has occurred in the course of the
electronic voting and the electronic voting cannot proceed; or
(b) after the Speaker has announced the results of the voice voting, and
immediately forty or more Members stand in their places signifying their
disapproval of the outcome of the vote.
Justification.
Arrangements are being made to introduce electronic voting in the House.
PART XVII
FORM, PUBLICATION AND INTRODUCTION OF BILLS
RULE 107
(4) Notwithstanding sub rules (1), (2) and (3), a certificate of financial implication
shall be deemed to have been issued after 60 days from the date of request for
the certificate.
Justification: This is in line with section 76 of the Pubic Finance management Act.
PART XVII
FORM, PUBLICATION AND INTRODUCTION OF BILLS
RULE 111.
Replace sub rule (1) with the following new sub rules;
(1) A Private Member's Bill seeking to amend the Constitution shall be introduced first
by way of motion to which shall be attached the proposed draft of the bill.
(2) A member shall not introduce a Private member bill where Government has made a
commitment to introduce a Bill on the same matter.
(3) Notwithstanding sub rule (2), where Government fails to present the Bill within six
months from the day the commitment was made to House, any member may
present the Bill before the House.
Justification. Under Article 94 (4) (b) of the Constitution, a Member shall have a right
to move a private members bill. Therefore the requirement for leave should only apply
to bills seeking to amend the Constitution. However where Government has
committed to present a bill on a given matter, a member should not present a Bill on
the same matter, unless after expiry of six months.
NEW RULE.
Page 13 of 27
Justification. To provide for cases where two substantially similar or with the same
purpose Bills are presented like it occurred in the 9th Parliament over the Children
(Amendment) Bills.
PARTXV111
PROGRESS OF BILLS
RULE 118
Under sub rule (2), replace "forty five days" with "two Months"
Justification. Two months is more practical than the forty five days. This answers the
question whether the days as envisaged under the Rules are calendar days or
parliamentary working days.
PART XXII
DELAYS WITH BILLS
RULE 130.
Under sub rule (1 '),replace "forty five days" with "two Months"
Justification. Two months is more practical than the forty five days. This answers the
question whether the days as envisaged under the Rules are calendar days or
parliamentary working days.
PART XXIII
THE ESTIMATES, BUDGET AND
COMMITTEE OF SUPPLY
RULE. 133.
(1) The President shall, not later than the 31st day of December in each financial year,
cause to be prepared and laid before Parliament, a Budget Framework Paper of the
Financial Year proceeding the financial year to which the Budget Framework
Paper relates.
(2) The Budget Framework Paper shall be accompanied by Certificate of Gender and
Equity responsiveness issued by the Minister of Finance.
Justification. To align the process to the new Budget Calendar introduced by the Public
Finance Management Act.
RULE135.
POLICY STATEMENTS
Page 15 of 27
(1) Each Minister responsible for a vote, ministry or the head responsible for a vote shall
by the 15th of March submit to Parliament a policy statement for the proceeding
financial year, for the Ministry or vote.
(2) The policy statement made under sub rule (1) shall be in a form prescribed by the
minister responsible for finance and shall contain the following:
(a) the achievements of the vote for the previous financial year;
(b) the annual and three months work plans and outcome, the objectives, outputs,
targets and performance indicators of the work plans and outcomes;
(c) the annual procurement plan of the vote;
(d) the annual recruitment plan of the vote;
(e) a statement of the actions taken by the vote to implement the recommendations of
Parliament in respect to the report of the Auditor General of the preceding financial
year;
(f) the cash flow projections of the vote;
(g) a certificate of gender and equity responsiveness;
(h) vehicle utilization report; and
(i) the asset register of the vote.
(3) The policy statement submitted under sub-rule (1) shall be committed to the Sectoral
Committees, within their respective jurisdictions, for scrutiny and report to plenary
Justification.
1. To align the rules to sections 13, 14 and 15 of Public Finance Management Act.
2. To introduce an action of what happens to the policy statements when they are
submitted to Parliament.
RULE 136.
Page 16 of 27
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Justification. Since the Ministries submit their Policy statements by 15th of March, the
shadow ministers must present their alternative statements within the same time to align
to the new budget calendar.
RULE137.
RULE138.
Justification. To align the rules to the Public Finance Management Act, specifically
Sections 13(4), (13) and 14 and ensure that government fulfills its pledges.
PART XXIV
COMMITTEES OF PARLIAMENT
RULE 146.
STANDING COMMITTEES
Justification. The Committee on Science and Technology has a sector Ministry i.e.
Ministry of Science and technology. It should therefore be a sectoral co
\
RULE 147.
RULE148.
RULE153.
Justification. For transparence, it is proper to have committee meeting open to the public like
in other committees to avoid speculation of what transpires in these meetings.
Insert a new sub rule to read as follows(3) The names of persons nominated for appointment by the President shall be
published in a newspaper having the widest coverage.
are going to be, open, this :w-ill be notice to the public.
Page 19 of 27
..
AND
FUNCTIONS
OF
THE
COMMITTEE
ON
RULE 162
COMMITTEE
RULE166.
Justification. These functions would provide Parliament with vital information required
for Parliament to appreciate the actual state of the economy.
Justification. To make it mandatory for the Committee to report to the House on its
functions.
RULE 167.
FUNCTIONS
OF
THE
GOVERNMENT
IMPLEMENTATION COMMITTEE
ASSURANCE
AND
RULE 169
RULE 170.
RULE 175.
SECTORAL COMMITTEES
RULE 178.
SELECT COMMITTEES~
(2) The speaker shall in consultation with the Government Chief Whip and the
Chief Opposition Whip appoint members and chairperson of the select
committee"
Justification. The current practice is that the Speaker in consultation with the Whips
constitute a select committee.
RULE 184
REMOVAL OF CHAIRPERSON FROM OFFICE
(a) Amend rule 184 (3) as follows;
"(3) The motion shall not be debated before the expiration of fourteen days after a copy
of the notice is received by the Chairperson."
Justification. The Chairperson is the Subject of removal and should be the right person
to be given time before debate on the motion.
(b) introduce a new Sub-Clause (7) to read as follows;
(7) The Chief Whip shall designate another Chairperson within seven days after the
removal of a Chairperson."
Justification. To avoid creating a leadership gap in a Committee
RULE 193.
Insert sub rule immediately after sub rule (2) to read as follows:
(3) Any Member's initial or signature appended to a report shall not be withdrawn.
Justification. To ensure that members do not withdraw their signatures.
RULE 197
Page 23 of 27
Justification. Rules are not specific on what should be done with the Treasury
Memoranda once received by Parliament under the Public Finance Management Act. It is
also important for purposes of completing the accountability cycle.
Page 24 of 27
RULE 221.
RULE 222.
Under sub rule (2) replace the words "keep Secret "with" take oath of secrecy"
Justification. An oath of secrecy is the ideal in the circumstances
=mw
APPENDIX B.
7Z'j
FEW.
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:e rs
5.
6.
ACTIVITY
The Minister Submits to Parliament a Charter of Fiscal
Responsibility (section 5)
DUE DATE
Not later than 3 months after
the first sitting of Parliament
after the General elections
1st April
Page 26 of 27
31st May
r=r
,,m
Justification. This is aligned to the new budget timelines introduced by the public Finance
Management Act 2015
Page 27 of 27