Sie sind auf Seite 1von 46

REPORT OF THE STANDING COMMITTEE ON RULES, PRIVILEGES AND

DISCIPLINE ON THE AMENDMENT OF THE RULES OF PROCEDURE


OF THE PARLIAMENT OF UGANDA

OFFICE OF THE CLERK TO PARLIAMENT


PARLIAMENT BUILDINGS
KAMPALA-UGANDA

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:

"Subject to the provisions of this Constitution, Parliament may make Rules to


regulate its own procedure, including the procedure of its committees').
On 9th August 2016, Parliament formally constituted the Committee on Rules,
Privileges and Discipline. Rule 163(1) of the current Rules of Procedure of
Parliament provides that: "It shall be the duty of the Committee on Rules,

Privileges and Discipline by order of the House-a) to

revzew

these

Rules from

time

to

time

and

to

make

such

recommendations to the House for amendment as the Committee considers


necessary for the satisfactory functioning and efficient transaction of the
business of the House and its Committees;
b) to examine and advise the House on amendments proposed to these rules
of procedure by Members or other Committees ofthe House;". and
Rule 163(2) further provides that "The findings and recommendations

Committee on Rules, Privileges and Discipline shall be presente Jfleb

and

'I

\approved by the House."

''Against the

above Rules, this Parliament on 9th August 2016 directed the

Committee on Rules, Privileges and Discipline to review the current Rules of


The Committee diligently undertook 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

In scrutinizing the present Rules of Procedure to come up with appropriate


findings, recommendations and proposed amendments, the Committee was
guided by four objectives:1.

To closely scrutinize the current Rules of Procedure and identify


weaknesses that if rectified will;
a) Strengthen our Rules in order to enhance effectiveness of the
procedures and practices of Parliament.
b) Bring the Rules into conformity with provisions of the Uganda
Constitution,

the

Parliament

(Powers

and

Privileges)

Act,

the

Administration of Parliament Act, the Public Finance Management Act,


the National Audit Act, and all other laws to which it must conform.
c) Align the Rules to the observations and decisions of the East African
Court of Justice with respect to the Election petition of Uganda's
Representatives to the East African Legislative Assembly (EALA), and
also align the Rules to relevant provisions of the East African
Cooperation Treaty.
d) Address various challenges that emerged from the application of the
current Rules in the

gth

Parliament, including the workings of

Committees and of the multiparty system in our Parliament.


e) Strengthen parliamentary oversight role and enhance accountability of
the Executive and other organs to Parliament.
Make this House more transparent, efficient and effective in the use of
the available time and resources, and ensure that the Members,
Leadership of the House and the Commi

g) Accommodate

technological

advancements

1n

the

workings

of

Parliament, particularly electronic voting and registration of attendance


of sittings of the House.
h) And generally enhance the autonomy of the House, and nurture the
principle

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.

To benchmark with other Commonwealth Parliaments for comparative


analysis, recommendations and best practices for amendments our Rules.

The Committee tasked individual Members to undertake detailed scrutiny and


analysis of the current Rules, identify gaps and areas for improvement, and
prepare appropriate proposals for amendments.
The Committee also received written and open submissions from the
following:1.

The Rt. Hon. Speaker of Parliament

11.

The Clerk and Staff of Parliament

111.

The Hon. Leader of the Opposition

1v.

The Government Chief Whip

v.

The following Committees of Parliament:


a. Public Accounts
b. Local Government Accounts
. Government Assurances

d. Tourism, Trade and Industries


e. Natural Resources
f.

Equal Opportunities

g. Budget Committee
vn.

Representative of the Independence Members of Parliament

vn1.

Other individual Members of Parliament

IX.

Chairperson Uganda Women Parliamentary Association (UWOPA)

x.

Foundation for Human Right Initiative

XL

Centre for Policy Analysis.

xu.

Members in their individual capacity: Hon. Prof. Ogenga Latigo,


Hon. Ssekikuubo Theodore, Hon. Kakooza James, Hon. Gen. Elly
Tumwine and Hon. Alex Byarugaba

x111.

Other sources included court rulings and the Hansard.

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

RECOMMENDATIONS AND PROPOSALS FOR AMEN


RULES OF PROCEDURE
3.1 ,THE EAST AFRICAN LEGISLATIVE ASSEMBLY
a) ELECTION OF MEMBERS OF THE EAST AFRICAN LEGISLATIVE

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;

i) To conform with the East African Court of Justice ruling and


Article 50 of the Treaty establishing the East African Community.
ii) To enshrine a mechanism within the Rules by which the Speaker

as a Presiding Officer of the EALA election shall ensure that the


intention and the spirit of Article 50 of the Treaty establishing
East African Commiunity is fulfilled in the outcome of the
election.
b) TABLING DEBATES, BILLS AND ACTS OF THE EAST AFRICAN
ASSEMBLY.
The committee noted that Article 65 of the Treaty establishing the East African
Community 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."
The Committee recommends that a new rule on laying Bills, Acts and
D~bates
\

of the East African Assembly be provided in the Rules.

ALIGNING THE RULES TO THE ADMINISTRATION OF PARLIAMENT


'\

a) THE PARLIAMENTARY COMMISSIONERS


The Committee received and discussed proposals on the nomination and
election of Members of Parliament to the Commission,
f the

m::

rm

rs

rd'"F

552%9

Be

J3j"'jjf'

----,m

r wzn

Commission as provided for in section 2 of the Administration of Parliament


Act. Cap 257 and the proposal by the Independent Members of Parliament to
be nominated for election to the Commission.
The Committee observed that this is not provided for in the Administration of
Parliament Act. The Committee therefore recommended that;
i) the Rules of Procedures be amended to aligned. them with the provisions
in the Administration of Parliament Act.

ii) the Administration of Parliament Act be amended to provide for


election of Members of the Commission including the Independent
Members of Parliament.
b) THE ROLE AND ELECTION OF THE LEADER OF OPPOSITION
The Committee received and discussed proposals to provide for the role of the
Leader of Opposition and streamline the election of the Leader of the
Opposition in the Rules. The Committee observed that the Rules were not in
tandem with the section 6E Administration of Parliament Act Cap 257.
The Committee recommends that the Rules be amended in consonance
with section 6E of the Administration of Parliament Act.
c) STATEMENTS BY THE LEADER OF OPPOSITION

The Committee received and discussed proposals to specifically require a


response from the Leader of Opposition to the state of nation address and
other official communications to Parliament.
The Committee observed that Rules of Procedure do not provide for the
responses made by the Leader of Opposition though section 6E Administration
of'farliament Act mandates him or her to do so.
,,,,,,,'"'II

T e Committee recommends that the Rules of Procedure be amended to


require a response from the Leader of Opposition to the state of nation
address and to other official communications to Parliam t.
d) REPORTS BY THE LEADER OF OPPOSITION.

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.

3.3 FINDINGS RELATING TO THE PUBLIC FINANCE MANAGEMENT ACT


a) SUBMISSION
ESTIMATE

OF

MACROECONOMIC

PLAN

AND

INDICATIVE

The Committee received and discussed proposals to provide for a period in


each financial year when a Budget Framework Paper will be laid on Table and
provide a timeframe in which the House should receive the Budget Framework
Paper. The Committee noted that this would sequence the handling of the
budget process with the new budget calendar introduced by the Public
Finance Management Act.
The Committee recommends that the Rules of Procedure be amended to
align them with the new budget calendar introduced in the Public
Finance Management Act.
b) CONSIDERATION OF ESTIMATES BY SECTORAL AND BUDGET
COMMITTEES
The Committee observed that the Public Finance and Management Act created
various roles of different stakeholders in the budgeting process that needed to
be streamlined. This should be aligned with the Rules such that consideration
of estimates by Sectoral and Budget Committees is matched with the roles of
t
different players in the budget process.
~

Committee therefore recommends that the Rules be amended to align


with the new Budget Calendar introduced in th
P lie Finance
Management Act.
J

c) T MING AND CONTENTS OF POLICY STATEMENTS

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

Committee noted that according to the provisions


Management Act, Sectoral Committees must consider
and the proposed annual budget by the 15th day of
financial year and Parliament should have approved the

ESTIMATES

BY

of the Public Finance


the policy statements
May of the preceding
budget by 31st of May.

The Committee recommends that the Rules be amended to align them


with the new provisions of the Public Finance
Man ement Act.
A
1~

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

a) COMMITTEE ON SCIENCE AND TECHNOLOGY


The Committee noted that the creation of the new Ministry of Science and
Technology Committee affected the functioning of the Committee on Science
and Technology.
The Committee recommends an amendment to the Rules of Procedure to
transform the Committee on Science and Technology from standing to a
sectoral committee.
b) GENERAL FUNCTIONS OF COMMITTEES
The Committee noted that the listing of the functions of the Committees did
not provide for assignment of other functions to th

10

,m

it~es

from time to

The Committee recommends that the Rules be amended to allow for


assignment of other functions to any committee as the need may arise.
c) MAKING THE MEETINGS OF THE COMMITTEE ON APPOINTMENTS
PUBLIC
The Committee received and discussed proposals to open the proceedings of the
Appointments Committee to the public. This would ensure transparency, public
confidence and make such proceedings public just like proceedings of other
committees of Parliament
The Committee recommends that the Rules of Procedure be amended to
open the proceedings of the Appointments Committee to the public.
d) RENAMING OF ACCOUNTABILITY COMMITTEES OF PARLIAMENT
The Committee received and discussed concerns that despite different
nomenclature, the Committee On Public Accounts, the Committee On Local
Government Accounts and the Committee On Commissions Statutory
Authorities And State Enterprises all deal with public accounts.
The restriction of the name 'Public Accounts Committee' to one committee was
misleading the public thereby causing a communication problem. Changing
their names would remove speculation and be more mandate specific.
The Committee recommends that the Rules of Procedure be amended to
rename PAC to PAC (Central Government), Local Government Accounts
Committee to PAC (Local Government) and Committee On Commissions
Statutory Authorities And State Enterprises to PAC (Committee On
Commissions Statutory Authorities And State Enterprises).
e) ADDITIONAL FUNCTIONS OF THE COMMITTEE ON THE NATIONAL
ECONOMY
The Committee received and discussed proposals to assign additional
functions to the Committee on National Economy. These are:- to assess the
national performance of the economy; the debt sust
of the country
and analyse the annual borrowing plan of governme
11

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)

WITHDRAWAL OF SIGNATURES FROM REPORTS OR PETITIONS

The Committee received and discussed proposals on the promotion of integrity


in authoring of committee reports and petitions.
It was noted that some Members of Parliament append their signatures to
reports or petitions only to withdraw such signatures upon change of mind or
new persuasion. This has reflected negatively on the integrity of Parliament.
The Committee therefore recommends that the Rules be amended to
provide for:

i) the heading of every petition appearing on each page of the


petition for clarity.
ii) Prohibition of withdrawal of a signature once appended on a
report or petition.
j) SPECIAL POWERS OF COMMITTEES
The Committee received and discussed proposals regarding the special powers
of the committees in enforcing attendance of witnesses, compelling production
of documents and examine them on oath, affirmation or otherwise. The
Committee noted that this is provided for under article 90 (3) (c) of the
Constitution.
,~,

"

Committee therefore recommends that the Rules of Procedure be


amended to include the powers of the committees as conferred by the
Constitution.
k) ACTION ON FIELD REPORTS OF COMMITTEES AND
PARLIAMENTARY DELEGATION

13

The Committee received and discussed proposals on action taken by


Parliament on Committee field reports as well as reports of Parliamentary
Delegations from outside the country.
It was noted that these reports are simply laid on table and noted and there
was need to make it mandatory for Parliament to debate the reports and
pronounce itself on the recommendations therein after being presented by the
Chairperson or Leader of the Delegation.
The Committee recommends that the Rules of Procedure be amended to
provide for presentation of brief summaries on key consideration of these
reports and action taken by Parliament.
1) EXPIDITING OF BUSINESS SAVED ON DISSOLUTION OF THE HOUSE.
The Committee noted there was need to fast track business saved by the
previous Parliament.
The Committee recommends that the Rules of Procedure be amended to
provide for tabling of the resolution reinstating saved business in the
second sitting.
3.5 ELECTRONIC VOTING
The Committee noted that the despite operating in a technologically advance
era, Parliament did not have specific provision on electronic voting
The Committee recommends that the Rules of Procedure be amended to
provide for electronic voting in the House.
3.6

OTHER FINDINGS PROMPTING AMENDMENT OF RULES

a) ALLOCATION OF SEATS TO DIFFERENT GROUPS REPRESENTED


IN PARLIAMENT
{le Committee received and discussed proposals to allocate sides for sitting
for the Independent MPs, Representatives of UPDF and others that may arise.
The Committee notes that the current rules provide for two des f ~he House
-for the ruling and opposition party.
l
The Committee recommends that the Rules of Procedure be a,
augment the mandate of the S

b) PROTECTING THE RULE ON SUSPENSION OF RULES


The Committee noted that rule 15(2) of the Rules of Procedure provides for
suspension of other rules but it is itself not protected from suspension.
The Committee recommends the amendment of the Rules of Procedure to
protect the Rule that provides for the protection of other rules.
c) INCLUDING THE NATIONAL ANTHEM ON THE ORDER OF BUSINESS IN
THE HOUSE

On 12 April 2012, while paying tribute to Prof. George Wilberforce Kakoma,


Parliament resolved to sing the National Anthem at all important functions. A
parliamentary sitting is one such important National function.
Arising from best practices elsewhere in the commonwealth and in our local
councils,

the

national anthem is always sung at the

start of every

Parliamentary Sitting.

The Committee therefore recommends that the Rules of Procedure be


amended to provide for the singing of the National Anthem at the start of
every Parliamentary sitting.
d) SPEAKER'S ACTION ON URGENT PETITIONS
The Committee noted that the practice is that petitions are presented on the
Floor and then allocated to the relevant committees or Minister. Under certain
circumstances, issues in the petition may be of such an urgent matter that
may not wait to be tabled on the Floor of the House.
The Committee therefore recommends that for such urgent petitions, the
Speaker in her own discretion may refer them to a relevant authority but

e) REQUESTS BY GOVERNMENT TO BORROW TO BE TABLED AS A


MOTION
simply laid

on table by the Minister responsible for Finance, Planning and Economics


affairs without the necessary detail relevant for the information of the House.

The Committee recommends that the Rules of Procedure be amended to


provide that such requests be tabled on the Floor as a motion to allow
Members to debate and appreciate it.
f)

TREATIES, PROTOCOLS AND INTERNATIONAL AGREEMENTS

The Committee received and considered proposals to provide for introduction


treaties, protocols and international agreements. This would enable
Parliament to play an oversight role and advice the Executive as it executes its
mandate to negotiate on behalf of the country.
This is also a best practice in other commonwealth parliaments where the
Parliament is involved in fast tracking international obligations where the
country is a party.

The Committee recommends that the Rules of the Procedure be amended


to provide for presentation of treaties, protocols and international
agreements before Parliament.
g) EFFECT OF MINISTERS' ANSWERS TO MEMBERS QUESTIONS

The Committee received and discussed proposals to ensure that Members'


questions are appropriately answered. In the event that a Minister ignores to
answer such a question, the obligation would fall onto the Prime Minister in
his or her Prime Minister's Time.

The Committee recommends that the Rules be Amended to provide for


Minister's questions answered in Prime Minister's Time.
h) PROCEDURE FOR PRIVATE MEMBERS' BILLS
The Committee noted that despite a Private Member having a right to move a
Private Member's Bill, the Rules of Procedure provide for a requirement to seek
leave of the House to present a Private Member's Bill.
for Constitution
amendments, such a requirement would contradict the

16

The Committee recommends that the Rules of Procedure be amended to


align them with the Constitution.

i) PROCEDURE WHERE TWO SIMILAR BILLS ARE TABLED


The Committee noted that sometimes two substantially similar or same
purpose Bills are presented to the same committee for consideration. The
committee normally considers the first bill and other provisions in the second
bill be taken as amendments to the first bill.
The Committee recommends that the Rules of Procedure be amended to
provide for harmonization of two similar Bills.
j) OATH

OF SECRECY FOR ASSISTANTS


PARLIAMENT WITH DISABILITIES

OF

MEMBERS

OF

The Committee noted that assistants to Members of Parliament with


disabilities are exposed to a lot of information at Parliament, which a Member
of Parliament is supposed to keep secret. The assistants do not take the oath
of secrecy.
The Committee recommends that the Rules of Procedure be amended to
provide for taking of oath of secrecy by assistants of Members of
Parliament with disabilities.
k) PROCEDURE TO EXPUNGE WORDS FROM OFFICIAL REPORT
The Committee noted that there is no provision for expunging words or
phrases or statements considered defamatory, indecent, un-parliamentary or
undignified from the Hansard.
The Committee recommends that the Rules of Procedure be amended to
provide for a mechanism to have such statements expunged.
l) HANDING SYMBOLS OF AUTHORITY TO THE SPEAKER
The Committee noted that there is no provision to guide the handing of
symbols of authority to the Speaker on his or her election.
The Committee recommends that the Rules of Procedure be amended to
\provide for handing of the symbols of authority to the Speake
elections.
m) INSTITUTIONALIZING THE RULINGS OF THE SPEAKER

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.

The Committee recommends that the Rules of Procedure be amended to


provide for rulings of the Speaker not directly provided for in the Rules.
n) ACTION TAKEN REPORTS
The Committee noted that the House regularly resolves on many matters
arising from committees and other reports falling under the jurisdiction of
Ministers to implement. However, there is no formal procedure for Ministers to
report on actions taken on such resolutions.

The Committee recommends that the Rules of Procedure be amended to


provide for an action-taken report from the relevant Minister to the
House on such resolutions.
CONCLUSION
Rt. Hon. Speaker and Hon. Members, I beg to report, and move that the
report be adopted.
So I pray.

18

MEMBERS

RULES, PRIVILEGES AND DISCIPLINE


-~--------------------------,

NO.
1

NAME
HON.ONGALO-OBOTE CLEMENT
KENNETH

C/P

HON. AGABA ABBAS

---+--

----~--------------------

HON. OUMA GEORGE ABOTT

HON. OSEKU RICI-IARD ORIEBO

HON. NABBANJA ROBINAH

. ~---------------~--------------!
--------~------------------------------------------------------

-------------------1

HC)N. ACIDRI JAMES


HC)N. MUGOYA KYAWA GASTER

HON. RWEMULIKYA IBANDA


HON. LAMWAKA MARGARET
I-ION. KALEMBA CI-IRISTOPHER

12

HON. NAMOE STELLA NYOMERA

13

HON. BITANGARO SAM KWIZERA

14

HON. BUTURO NSABA ..JAMES

15

I-ION. PROF. OGENGA LATIGO

16

I-ION. KABAZIGURUKA MICHAEL

17

HON.SSEMPALA l{IGOZI

18

Hon.

- - - - - - ---------------------------

---------------1

r----+-------------~

19

Hon. OPOLOT .JACOB RICHARDS


-+-------------------------~---------------------

20

HON. OT'TO EDWARD MAKl\IIOT


--t------------------------------------------- ----

HC)N. NIWAGABA WILFRED

22

I-ION. ONGIERTHO EMMANUEL

23

HON .OBOTH-MARKSC)N~--

24

I-IC)N. ONYANGO GIDEON

19

PROPOSED AMENDMENTS TO THE RULES OF PROCEDURE

RULEl.

INTERPRETATION

Insert the following new definition.


''Private members Bill" means a Bill introduced by a backbench Member of Parliament.
Justification: There is need to define a Private Members Bill.

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.

PROCEDURE IN CASE NOT PROVIDED FOR AND PRECEDENTS

Insert new sub rules as follows


(2) The Speaker's ruling under sub rule (1) shall become part of the Rules of Procedure
of Parliament until such a time, when a substantive amendment to these Rules is
made in respect to the ruling.
(3) The amendment shall be tabled for consideration within three months from the
date of the ruling.
Justification. This is to give effect to the Rulings
in regard to Speaker's rulings.

Page 1 of 27

eaker and promote consistency

SITTING ARRANGEMENT IN THE HOUSE

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.

Substitute for Rule 11 (4) the following;


(4) Nomination of the candidates for election to the Commission of the four members
of Parliament referred to in sub rule (1) (f) shall be made by the Government and
opposition sides.

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.

(c)Present alternative policies to those of the government


(d) appoint a shadow cabinet from members of the opposition in Parliament
with portfolios and functions that correspond to those of Cabinet Ministers.
(e) Chair the shadow cabinet
(f) establish and represent the views of the Opposition on issues of policy.
(3) The party in opposition under this rule means the political party with the second
highest number of seats in Parliament, and not a party in a coalition to the ruling
party or Government.
Justification:
1. To provide for the role of the Leader of the Opposition as provided for under
section 6E of the Administration of Parliament Act, cap 257.
2. There is the need to distinguish between the party referred to as the opposition and
other parties that are in the opposition. There should be the official opposition
party providing leadership to the Opposition.

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

1. Insert immediately before sub rule (2) (a)


"The National Anthem
Justification.

On 12th April 2012, while paying tribute to Prof. George Wilberforce

Kakoma, Parliament agreed to sing the National Anthem at all important functions. A
parliamentary siting is one such important national function.

2.

Insert immediately after 24(2)0)

Statement by the Leader of the Opposition.

Statement by Shadow Minister

Justification: To provide for statements made by the Leader of the Opposition and
shadow minister

RULE 29.

PETITIONS

Rephrase sub rule (6) as follows;


(6) Notwithstanding sub rule (5), the Speaker may refer a petition of an urgent
matter to a particular Minister or Committee where he or she is of the view that
such petition would be better handled by Such Minister or Committee and the
Minister or Committee shall report back to Parliament within a given time.
(7) The Speaker shall inform the House of her decision in sub rule (1).
Justification. There is need to specifically provide for matters that can be handled by
Parliament and further give the Speaker authority to handle some petitions by referring
them directly to the relevant committee or Compet t authority.
\

I'

PART VII
PRESENTATION OF REPORTS OF
PARLIAMENTARY DELEGATIONS ABROAD

LAYING OF REPORTS OF PARLIAMENTARY


ABROAD
Rephrase sub rule 2 and insert a new sub rule (3) as follows;
RULE32.

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.

LAYING OF COMMITTEE FIELD REPORTS

Redraft Rule 33 as follows;


33. Laying of Committee Field Reports
(1) The Chairperson or a member acting on behalf of the Chairperson of the
committee which travelled to the field to conduct parliamentary business shall
lay a report on Table containing the activities of the committee field visit.
(2) Upon laying of the report under sub rule (1), the Chairperson 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
itself on the recommendations therein.

report and pronounce

NEW RULE.

LAYING OF THE REPORTS BY THE LEADER OF OPPOSITION.

Insert a new rule immediately after Rule 33 as follows;

Laying of the Reports by the Leader of Opposition.


(1)

Where the Leader of the Opposition conducts a study for Parliamentary


purposes; the Leader of the Opposition or a member acting on behalf of the Leader
of the Opposition shall lay on table a report within 21 days after conclusion of the
Study.

(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.

LAYING OF THE DEABTES, BILLS AND ACTS OF THE EAST


AFRICAN ASSEMBLY.

Insert a new rule immediately after Rule 33 as follows


Laying of the Debates, Bills and Acts of the East African Legislative Assembly.
(1)
In accordance with Article 65 of the Treaty for the Establishment of the East
African Community, the Minister responsible for East African affairs shall lay on
Table;
(a) Copies of the records of all relevant debates of the meetings of the East African
Legislative Assembly;
(b) Copies of the Bills introduced into the Assem
(c) Acts of the Community, for information;

(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.

LAYING OF THE REQUESTS BY GOVERNMENT TO BORROW.

Insert a new rule immediately as follows


laying of the loan requests.
Any request for the approval of Parliament for Government to borrow shall be by
motion under Rule 47.
Justification. Currently requests for loan requests are just laid on table. A motion
provides the House the opportunity to understand the key issues of the request
and helps members pick interest in the loan process.
NEW PART
Insert a new part immediately after part VII dealing with treaties, protocol and
international agreements as follows;
PART
TREATIES, PROTOCOLS AND INTERNATIONAL AGREEMENTS
Presentation of Treaties, Protocols and International Agreements before Parliament
(1) The Minister responsible for Treaties, Protocols and International Agreements shall
lay before Parliament, any Treaty, Protocol or international agreement entered into
s been concluded or
by the Government of Uganda, within six months
signed.
(2) Any Treaty to be ratified by Cabinet shall be lai
ratifies it.

(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

MINISTERS TO ATTEND THE HOUSE TO ANSWER QUESTIONS


RULE 35
Insert new sub rule (6) as follows;
" (6) Any question not answered by the Minister shall be answered by the Prime
Minister in the succeeding week, during the Prime Minister's question time.
Justification. To ensure that members' questions are answered.

PART IX
STATEMENTS BY MINISTERS, MEMBERS AND PERSONAL EXPLANATIONS
NEW RULE.
Insert a new rule immediately after rule 44 as follows;

STATEMENTS BY THE LEADER OF OPPOSITION


(1)

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

Replace Rule 87 as follows;


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

Insert a new paragraph (c) as follows;


"(c) and on any matter where the House resolves that such matter be voted upon by
secret ballot.
Justification. To allow the House decide depending on the circumstances to vote by secret
ballot.

RULE89.

ROLL CALL AND TALLY

Replace Rule 89 as follows;


Roll call and tally voting
(1) Roll call and tally voting shall be held in the following circumstances:
(a) at the second and third reading of the Bill for an Act of Parliament to amend a
provision of the Constitution.
(b) on a decision to censure a Minister.
(c) on a decision on an appeal from the President or a reference from the
Appointments Committee on an appeal to the House.
(2)

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

Insert a new rule immediately after Rule 89 as follows;


Electronic voting
(1) Electronic voting shall be ordered by the Speaker wherea) the House has resolves that a matter be voted upon electronically;
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 and in the opinion of the Speaker, he or she deems it fit that the
matter be voted upon electronically.
(2)

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

CERTIFICATE OF FINANCIAL IMPLICATION

Rephrase the entire Rule as followsCertificate of Financial Implication


(1) Every Bill introduced in the House shall be accompanied by a certificate of
financial implications issued by the Minister responsible for finance.
(2) The certificate of financial implications issued under sub rule (1) shall indicate
the estimates of revenue and expenditure over the period of not less than two
years after the coming into effect of the Bill when passed.
(3) In addition to the requirements under sub rule (2) the certificate of financi 1
implications shall indicate the impact of he Bill on t

(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.

PROCEDURE FOR PRIVATE MEMBERS' BILLS

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.

PROCEDURE WHERE TWO SIMILAR BILLS ARE TAB LED.

Insert a new rule immediately after Rule 116 as follows;


Procedure where two similar bills are tabled.
Where two bills are substantially similar, the Committee shall consider the bill
which was tabled first, and the provisions of the second bill shall where applicable
be incorporated as proposed amendments to t4e first bill.

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

REFERENCE OF A BILL TO A COMMITTEE

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.

DELAYS WITH BILLS

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.

SUBMISSION OF MACROECONOMIC PLAN AND INDICATIVE


ESTIMATE

Replace the entire rule as follows:


Submission of Budget Framework Paper and propose
Page 14 of 27

(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.

RULE 134. CONSIDERATION OF ESTIMATES BY SECTORAL AND BUDGET


COMMITTEES
Replace Rule 134 as follows:
Consideration of the Budget Framework Paper
(1) The Speaker shall commit the Budget Framework paper to the Budget Committee
for consideration and to each sectoral committee, the part of the Budget Framework
paper that falls within the jurisdiction of the respective sectoral committee."
(2) Each sectoral committee shall consider, discuss and review the Budget Framework
Paper committed to it under sub rule (1) and submit its report to the budget
committee not later than the 20th day of January.
(3) The Budget Committee shall scrutinize Budget Framework paper and the reports
under sub rule (2) and present a report to the House for approval by 1st February of
each year."
Justification. To streamline the roles of the different players in the budget process and to
align the dates to the new budget calendar in the PFM Act.

RULE135.

POLICY STATEMENTS

Replace Rule 135 as follows:

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.

ALTERNATIVE POLICY STATEMENTS

Replace the rule as follows;


Alternative Policy Statements
Shadow Ministers may submit their alternative policy statements to Parliament by the
29th day of March everydjear."

Page 16 of 27

re

*' t rer

7757

Ftrr

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.

SUBMISSION OF REVENUE AND EXPENDITURE OF GOVERNMENT

Replace Rule 137 as follows:


Submission of the proposed annual budget
(1) In accordance with section 13 of the Public Finance Management Act, the Minister
shall, on behalf of the President, present the proposed annual budget of a financial
year to Parliament, by the 1st of April of the preceding financial year.
(2) The Speaker shall commit the proposed annual budget to the Budget Committee of
Parliament and to each sectoral committee of Parliament the part of the annual
budget that falls within the jurisdiction of that sectoral committee.
Justification. To align the rules to section 13 of the Public Finance Management Act

RULE138.

CONSIDERATION OF REPORTS ON BUDGET ESTIMATES BY


PARLIAMENT.

Replace Rule 138 as follows;


Consideration of the reports on Policy Statements and the proposed annual budget
(1) Each sectoral committee shall consider, discuss and review Policy Statements and
the budget estimates committed to it under Rule 137, including the budgets of
public corporations and State enterprises that fall within their respective
jurisdictions and submit its report to the House not later than the 15th day of May.
(2) The House shall consider the sectoral committee reports within a period of fourteen
days and refer the approved recommendations to the budget committee for
reconciliation, harmonization and consolidation as the case may be.
(3) The Committee on Government Assurances shall forward to each sectoral
committee pending government assurances, at the beginning of Parliament
consideration of the budget.
(4) The Budget Committee shall present its report to the House within seven

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

Under sub rule (1),

Replace paragraph (a) with the following;


(a) the Committee on Public Accounts (Central Government)

Replace paragraph (i) with the following;


(i) the Committee on Public Accounts (Commissions, Statutory Authorities and State
Enterprises)

Replace paragraph G) with the following;

G) the Committee on Public Accounts ( Local Governments)


Justification. The use of Public Accounts Committee generally refers to all accountability
Committees handling Public accounts. This nomenclature is mandate specific and easily
guides a person outside Parliament on how to communicate with any of the communities.

delete paragraph (1)

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.

GENERAL FUNCTIONS OF COMMITTEES

a new paragraph as follows;


(f) to carry out any other function as the House may assign from time to ti e
Page 18 of 27

Justification. To allow Parliament assign its committees any work.

RULE148.

REPRESENTION ON STANDING COMMITTEES

Rule 148 is amended(a) By deleting sub rule (1)


Justification. Members of all Committees are selected from among Members of Parliament
making this rule redundant.
(b) In sub rule (4), by substituting for "Clerk" the "Speaker"
Justification. Independents should apply to the Speaker not to the Clerk.
(c) By inserting a new sub rule immediately after sub rule (7) as follows:
"(8) Notwithstanding sub-rule (6), the committee on Human rights shall be chaired
and deputized by independent members of Parliament designated by the Speaker.
Justification. Human Rights are inherent and due consideration should not be tagged to
the politics of the day.

RULE153.

MEETINGS OF THE COMMITTEE ON APPOINTMENTS

delete sub rule (2)

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
..

RULE 161. COMPOSITION


BUDGET
Replace sub rule (3) as follows;

AND

FUNCTIONS

OF

THE

COMMITTEE

ON

(3) The functions of the Budget Committee shall be to;


(a) To examine and recommend to Parliament for approval of the Charter of Fiscal
Responsibility;
(b) To consider and recommend on any requests by the minister for deviations from
the Charter of Fiscal Responsibility;
(c) To consider the appropriation Bill based on the decisions of the committee of
supply;
(d) To examine the Budget Framework Paper and report to the House;
(e) To scrutinize the proposed Annual Budget, Ministerial Policy Statements;
supplementary expenditure requests, sectoral committee reports and report to
the house;
(f) To scrutinize and advise Parliament on the certificate of compliance of the
Annual budget to the National Development Plan and the certificate on gender
and equity responsiveness under sections 13 of the Public Finance Management
Act;
(g) To review proposals, monitor operations and report on the Contingency Fund;
(h) To review and advise Parliament on the reports submitted by the minister to
Parliament on Fiscal performance and the economy provided under section 18
of the Public Finance Management Act.
(i) To scrutinize the annual performance of the multiyear commitments report;
G) To scrutinize and advise Parliament on the Budgets of the Public Corporations
and State Enterprises submitted under sec 13(11)(f) of the Public Finance
Management Act;
(k) To ensure compliance with the budget calendar provided in appendix H;
(1) To consider the national budget, compile amendments and report to the House;
and
(m)
To carry out such other functions relating to the national budget as may be
assigned to it by the House.
Justification. To align the rules to sections 5, 9, 13 and 18 of the P
the sections ide
J

RULE 162

COMPOSITION AND FUNCTIONS OF THE PUBLIC ACCOUNTS

COMMITTEE

In sub rule (3) by replace "Clerk" with "Speaker".


Justification. It is the Speaker and not the Clerk who determines admissibility of
papers and documents in the House.

Insert a new sub rule as follows;


(4) The Speaker shall cause the report to be laid in the House by a Member of the
Commission"
Justification. To provide for the laying of the reports of the auditor General

RULE166.

FUNCTIONS OF THE COMMITTEE ON THE NATIONAL ECONOMY.

Under sub rule (2), insert the following;


(d) To assess the national performance of the Economy
(e) To assess the debt sustainability of the country
(f) To analyse the annual borrowing plan of government.

Justification. These functions would provide Parliament with vital information required
for Parliament to appreciate the actual state of the economy.

Insert a new sub rule as follows;


(3) The Committee shall report to the House at least twice a year.

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

Insert a new sub rule (5), as follows;


(5) The Committee shall su mit o the sectoral committees a list of Government
Assurances that are pending fulfillment during the Consider tion of Reports on
Policy Statemen l)d Budget Estimates by Parliament.
Page 21 of 27

Justification. To ensure that government fulfills its pledges.

RULE 169

FUNCTIONS OF THE COMMITTEE ON COMMISSIONS, STATUTORY


AUTHORITIES AND STATE ENTERPRISES

In sub rule (3) Replace Clerk with Speaker


Justification. These reports are received in the House by the Speaker and forwarded to the
relevant committees

RULE 170.

FUNCTIONS OF THE COMMITTEE ON LOCAL GOVERNMENT


ACCOUNTS

In sub rule 3, replace "Clerk" with "Speaker".


Justification - these reports are received in the House by the Speaker and forwarded to
the relevant committees.
PROVISIONS RELATING TO SECTORAL COMMITTEES

RULE 175.

SECTORAL COMMITTEES

Under sub rule (2), insert a new paragraph (p) as follows;


(p) Science and Technology
Justification. The Committee has to provide oversight over a line ministry i.e. Ministry of
Science and technology

RULE 178.

SELECT COMMITTEES~

Replace the current provision with the following;


(1) The House may, at any time upon a motion made after notice given, appoint a
select committee to investigate a particular matter.

(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.

REPORT TO BE SIGNED BY THE CHAIRPERSON AND MEMBERS

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

SPECIAL POWERS OF COMMITTEES

Replace paragraph (d) with the following:


"Shall have the powers of the High Court forQ

Page 23 of 27

(i)enforcing the attendance of witnesses and examining them on oath, affirmation


or otherwise;
(ii) compelling the production of documents; and
(iii) issuing a commission or request to examine witnesses abroad."
Justification- this is the position provided for under article 90 (3) (c) of the Constitution.

Insert a new paragraph (e) as follows;


" (e) Shall have the powers to confine for any specific periods any recalcitrant
witnesses and cite any person for contempt.

Justification. This is a consequential amendment arising out of amendment to paragraph


(d).
NEW RULE ON ACTION TAKEN REPORTS
Insert a new rule immediately after rule 208 as follows
Action Taken Reports.
A Minister shall submit to Parliament an action taken report detailing what actions
have been taken by the relevant ministry following the resolutions of Parliament
and observations or recommendations of a Parliamentary Committee.
Justification. This will ensure that Parliament resolutions and recommendations are
implemented or adhered to.
PART XXVIII
GENERAL

Insert a new rule immediately before Rule 209 as follows


Consideration of the Treasury Memoranda
The Speaker shall, after receiving the Treasury Memoranda, submit it to the
Auditor General for auditing in accordance with the National Audit Act, 2008.

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

Insert a new rule immediately after Rule 215 as follows


Expunging from the Official Report.
Where the Speaker is of the opinion that the words that have been used in debate are
defamatory, indecent or unparliamentary or undignified, the Speaker shall order that
such words be expunged from the official record of Parliament.
Justification. The amendment will provide for situations when words or phrases may
be expunged from the Hansard.

RULE 221.

LAPSE OR REINSTATEMENT OF PARLIAMENTARY BUSINESS


UPON DISSOLUTION OF THE HOUSE)

Insert a new sub rule (4) as follows;


(4) The resolution of Parliament referred to in sub rule (2) shall be passed in the
second sitting of the first session Parliament.
(5) Any business reinstated shall be handled and completed in the first session of
Parliament.
Justification. To provide for a binding mechanism for handling businesses that has been
reinstated.

RULE 222.

ASSISTANCE TO PERSONS WITH DISABILITIES

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

NEW RULE. PUBLICATION OF THE RULES OF PROCEDURE OF PARLIAMENT


Insert a new rule immediately after Rule 225 as follows;
Publication of the Rules of Procedure of Parliament.
The Speaker shall, as soon as is practicable, cause the publication of these Rules in
the gazette.
Justification. Section 19 of the Interpretation Act, cap 3. provides that All specified
instruments shall be
in the Gazette and shall be judicially, noticed

=mw

APPENDIX B.

7Z'j

FEW.

jrz

zrt

:e rs

RULES OF PROCEDURE OF ELECTION OF MEMBERS OF THE


EAST AFRICAN LEGISLATIVE ASSEMBLY.

Replace Rule 13 as follows.


13. The Speaker shall ensure that the members elected under Rule 12 in as much as it
is feasible, represent the various political parties represented in the House, shades of
opinion, gender and other special interest groups in Uganda.
Justification. To bring the provisions in line with Article 50 of the treaty for the
establishment of the East African Legislative Assembly and the decision of the East
African Court of Justice in EACJ 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.
INSERT ANEW APPENDIX as follows;
APPENDIX H. BUDGET CALENDER
Table 1: BUDGET CALENDER
1.

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

The Minister, on behalf of the President, presents to


Parliament the Proposed Annual Budget of the preceding
FY (section 13(3)) and all plans necessary for the
operationalization of the proposed Annual Budget (section
1310
Parliament approves the Annual Budget, Work plans,
Appropriation Bill and other Bills necessary to implement
the Annual Bud et for next FY section 14 1

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