MP Richard Othieno told parliament that the Bill seeks to regulate the sector were most real estate agents make money through commission for services rendered in sale and purchase of properties. Okoth observed that although Parliament passed the Landlord and Tenants Act in 2019, the Real Estate Agents were left out unregulated.
He says that the absence of the law to govern the operation of the real estate’s agents predisposes unsuspected sellers and buyers of property to some unscrupulous real estate agents. Othieno says that the Bill will streamline and aid the real estate growth in the country.
The Deputy Speaker Jacob Oulanyah today waived a requirement for a mandatory Certificate
of Financial Implication, to allow West Budama North MP
Richard Okoth Othieno to present his private member’s Bill entitled -The
Real Estate Agents Bill, 2020.
The move followed a statement by MP Othieno in which
he blamed the Ministry of Finance for failing to avail the Certificate as
required under Section 76 (1) of the Public Finance Management Act (PFMA), 2015
despite his request dated 23rd September, 2020.
The law and Parliament
Rules of Procedure provide that all Bills introduced in the House shall be
accompanied by a Certificate of Financial Implication issued by the Finance
Minister, indicating the impact of the Bill on the economy. The certificate
also indicates estimates of revenue and expenditure over the period of not less
than two years after the coming into effect of the Bill.
Private members are
also restricted from presenting Bills that impose a charge on the Consolidated
Fund or any other public Fund of Uganda. But the Ministry of Finance has severally
been accused of using the provision to frustrate private members from tabling
bills in Parliament.
Othieno appealed to Parliament allow him move under
117 (4) of the Rules of Procedure and Section 76 (4) of the PFMA, 2015 under
which a certificate is deemed issued after 60 days of request and table the
Bill for its first reading.
//Cue in: “right honorable Speaker…
Cue out:…fulfill his obligation.”//
Deputy Speaker Oulanyah said that the MP is entitled
to proceed and present the Bill without a Certificate under the rules.
“But honorable Members I still think that the 60
days which is in the rules, should not be taken that once you have written…you
now keep quiet about it and wait for 60 days. There should be some prompting in
between so that there is a reminder to the Minister of Finance that we haven’t
received, so that at the elapse of 60 days you have evidence that there has
been no reaction,” he added.
Oulanyah then ruled that the Bill is tabled and sent
it to Parliament’s Physical Infrastructure Committee for expeditious handling
so that it is considered by the House at the end of April.
//Cue in: “but certainly the…
Cue out:…in this sector.”//
Earlier, Othieno told parliament that the Bill seeks
to regulate the sector were most real estate agents
make money through commission for services rendered in sale and purchase of
properties. Okoth observed that although Parliament passed the Landlord
and Tenants Act in 2019, the Real Estate Agents were left out unregulated.
He says that the absence of the law to
govern the operation of the real estate’s agents predisposes unsuspected
sellers and buyers of property to some unscrupulous real estate agents. Othieno
says that the Bill will streamline and aid the real estate growth in the
This is not the first time an MP is tabling a private members Bill, without a
certificate of financial implication. Kassanda North MP Patrick Nsamba
Oshabe was the first beneficiary of the waive by Parliament in 2019 when
he tabled the Local Content Bill seeking to promote Ugandan goods, services and
requires that the member moving the private member's bill be afforded
reasonable assistance from the department of Government whose area of operation
the bill affects and by the office of the Attorney General. However, a number
of bills have in the recent past been frustrated.
In 2015, National
Resistance Movement (NRM) party MPs blocked a request by the then Buikwe South
MP, Lulume Bayiga to table a Private Members' Bill on Presidential Transition.
The Bill sought to, among others, make provisions for the procedure and
ceremony for the assumption of the office of the President.
However, the majority NRM MPs denied Bayiga a
chance to present the Bill while the then-deputy Attorney General, Fred Ruhindi
and then Minister for Lands Daudi Migereko, argued that the issue was under
discussion within the Inter-Party Organisation for Dialogue (IPOD).
Also efforts by Mukono Municipality MP Betty
Nambooze to present the Alcohol Control Bill were frustrated when she was
advised to work with the government to come up with another Bill. The proposed
Minimum Wage Bill by Worker's MP Arinaitwe Rwakajara was also delayed due to
the financial implications involved.
In 2015, Ayivu County MP Bernard Atiku's Children
Amendment Bill was passed after a long struggle with the government which at
some point tabled a parallel draft with similar contents. Both Bills were sent
to the Gender Committee before it was agreed to proceed with Atiku's Bill.