East African Legislative Assembly, March 16, 2016; Dar es Salaam, Tanzania: Three Bills yesterday sailed through the respective 1st Readings as the House resumed its business in Dar es Salaam.
The Bills are the EAC Sectional Properties Bill, 2016, the EAC Supplementary Appropriation Bill 2016 and the EAC Customs Management (Amendment) Bill 2016.
The EAC Sectional Properties Bill, 2016 aims to regulate division of buildings into units and the individual ownership of the units. The Bill deals with the division of buildings into units and registration of sectional properties. It further seeks to vest the management of common property in a corporation consisting of persons who own units in the parcels to which sectional plan relates.
Part two of the Bill deals with the division of buildings into units and registration of sectional properties. In this part, the Bill seeks to apply the laws in Partner States for the time being in force governing the registration of land titles to the registration of sectional properties under the Bill.
According to the mover, Hon Dr James Ndahiro, the Bill emanates from the Common Market Protocol which anticipates free movement and rights to establishment. He remarks that not all East Africans have the ability to purchase their own property and thus given an opportunity to purchase part of a building, such individuals earn some financial assets.
Hon Dr Ndahiro further states that a legal framework is necessary to enable any willing investor to develop in a neighbouring Partner State.Generally, a sectional title describes separate ownership of units or sections within a complex, development or scheme. When one purchases into a sectional title complex, you purchase a section or sections and an undivided share of the common property. These are collectively known as units. The Bill on its part defines a unit as a space that is situated within a building and described in a sectional plan by reference to floors, walls and ceilings within the building.
The sale of units, holding of sale proceeds in trust, termination of developers’ management agreement and renting of units are among the matters provided also for in the Bill.
Another Bill which sailed through this morning is the EAC Supplementary Appropriation Bill, 2016. The Bill anchors the EAC Supplementary Budget estimates amounting to USD 1,566, 941 for the Financial Year 2015/16 to facilitate the activities of the EAC Organs and Institutions. The Bill was moved by the 3rd Deputy Prime Minister of Republic of Uganda, Rt. Hon Kirunda Kivejinja, on behalf of the Chairperson of the EAC Council of Ministers, Hon Dr Augustine Mahiga.
The EAC Customs Management (Amendment) Bill 2016 also sailed through the first reading. The object of the Bill is to amend the EAC Customs Management Act, 2004 to facilitate smooth implementation of the Act, particularly on the implementation of commitments made under the protocol establishing the EAC Customs Union. The Bill moved by Hon Dr Augustine Mahiga, Chairperson, Council of Ministers, thus provides for application of the COMESA and SADC preferential tariff arrangements which the Partner States agreed to implement.
In line with the Rules of Procedures, the Speaker committed all Bills to the relevant Committees for their action.