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EALA to harmonise national legislation on EA Community

 
The East African Legislative Assembly has proposed enactment of an omnibus law to harmonise national laws pertaining to the Community and to institute an administration law for the Common Market Protocol.  

 
The Assembly is of the view that such a move would cure existing challenges of harmonisation of partner state laws concerning the Community. At the same time, the Assembly wants the Council of Ministers to direct the Sectoral Council on Legal and Judicial Affairs to hold regular meetings and to prioritise harmonisation of laws for EAC in order to facilitate integration within the set time frames.  
 
In order to meaningfully facilitate cooperation in legal and judicial affairs as provided for under Article 126 of the Treaty, EALA has urged EAC Council of Ministers to expedite implementation of the entire Article which obliges partner states to harmonise legal training and certification; encourage standardisation of judgments of courts within the Community as well as establish common syllabus for the training of lawyers. 
 
Late yesterday, EALA approved the report of the Committee on Legal Rules and Privileges on the oversight activity on the harmonisation of national laws in the EAC context. The report presented to the House by Dora Byamukama on behalf of the chair of the Committee, Hon Peter Mathuki, follows an oversight activity carried out by the Committee in February 22-26, 2016. 
 
Chapter 24 of the Treaty provides for co-operation in legal and judicial affairs. Specifically, Article 126 (2) (b) of the Treaty provides that “partner states shall through their appropriate national institutions take all necessary steps to harmonise all their national laws appertaining to the Community.”
 
 In line with that Treaty provision, EAC partner states established a sub-committee on the approximation of national laws in the EAC context. 
 
During the oversight activity, the Committee was informed that partner states were at different stages of implementation of the directives of the Council of Ministers on harmonisation of national laws. It further observed that partner states were slow in amending laws to comply with the directive of the Council of Ministers on harmonisation of such laws.   Further on, the criteria used and timelines for harmonisation of laws is also unclear. 
 
The Committee cites a number of challenges, naming some of them as frequent changes in the membership of the task force, conflicting commitments of members of the task force as well as different legal systems. 
 
In addition, the slow pace in the implementation of the harmonisation agenda at national level and the lack of monitoring mechanisms to ensure Partner States comply with the adopted approximation proposals are also cited.

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