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--Kampala outside Buganda, dual citizenship, Swahili okayed; Cabinet, Parliament size unchanged
Yesterday, justice minster Janat Mukwaya presented the long-awaited White Paper on the political transition. Felix Osike and Hamis Kaheru summarise the paper below.
Change of political system
Although the Constitutional Review Commission (CRC) recommended that the change from the Movement to multiparty politics be adopted through a referendum under Article 74 of the Constitution, the Cabinet has recommended a shorter method.
It said the change be effected by amending that article to provide that the next general elections be held under multiparty system. This and other amendments will require approval in a referendum next year.
The White Paper said political systems will continue to be provided for by the Constitution. Although political organisations will field candidates, individuals will be free to stand as independents. All person
s
holding public or military office will be required to resign before nomination.
Presidential term limits
The 131-page paper says Parliament should decide the issue of lifting presidential term limits. The CRC had recommended that the matter be subjected to a vote in a national referendum.
The Cabinet rejected a proposal that the vice-president becomes a running mate of the president, saying the principle did not allow flexibility. The academic qualification for MPs and the president remains ‘A’ level certificate or its equivalent.
Federo
The paper maintained the principle of regional governments for districts, which want them, as opposed to the federal arrangement advocated by Buganda Kingdom. Buganda districts shall be deemed to have agreed to form a regional government.
The Government says the district council will be free to enter into cooperation. No district will be taken to have agreed to enter cooperation unless the propos
al has
been approved by a resolution of the district councils.
In areas which do not have a traditional or cultural leader, only one political and administrative regional council will apply. The other areas, such as Buganda, will have either two regional councils—one political and cultural. The other council will be political and administrative, with cultural representation.
Where elected regional councils exist, the majority side shall nominate a person to be elected head of the council.
The traditional or cultural leader shall be the titular head of the regional government and the council responsible for opening and closing council sessions.
The Cabinet says a traditional or cultural leader who violates the Constitution will be removed by Parliament after a petition from the aggrieved parties. But such a decision must be supported by not less than two thirds of MPs.
The 9000 sq miles
Despite protracted negotiations with Mengo, the seat of Bugand
a
Kingdom, over land, the Cabinet says the 9000 sq miles claimed by Mengo will remain under the control of the district land boards. The position on land ownership will also remain as it is in the Constitution.
Kampala to remain outside Buganda
Kampala, which is located in Buganda, remains the capital city of Uganda, a national asset and administered by the central government. The paper says Kampala shall remain outside Buganda in the first schedule of the Constitution.
Mengo wants the Constitution to include Kampala among the districts of Buganda. The Cabinet instead wants Kampala to have a special status and its boundaries to be redefined.
The Cabinet agreed to create Mengo municipality, which will be formed out of the present day Kampala and will be part of Wakiso district.
UPDF to remain in Parliament
The Cabinet refused to reduce the size of Parliament to 120 MPs, saying the current composition of 305 members has been instrume
ntal in
forging national consensus. The Cabinet also maintained that all the special interests groups, including the district women representatives, representatives of the army, youth, workers and persons with disabilities remain.
It says the constituencies should not be reduced and the army may be involved to keep peace during elections at the request of the Electoral Commission.
The CRC had recommended that the army gets out of Parliament and should not be deployed at polling stations during elections.
Elections
The presidential, parliamentary and LC5 chairperson polls will be held on the same day by universal adult suffrage and secret ballot.
The Cabinet directed the local government minister to look into the possibility of amending the law to simplify elections at LCI and II to remove secret ballot, which has become prohibitive.
Chief Administrative Officers
The Government wants the Chief Administrative Officers (CAOs), who are t
he
accounting officers at the district, to be appointed and disciplined by the Public Service Commission. The Cabinet says this is necessary to enable the CAO to be independent from political control of the district council and to enable the CAOs’ performance to be monitored by the central government. They have been under the district service commission.
Dual citizenship
Ugandan citizens will be permitted to hold or retain the citizenship of another country. But the internal affairs ministry will propose strategic offices that should not be held by persons holding dual citizenship.
Death penalty
The death penalty will be retained and will remain mandatory only for the crimes of murder, aggravated robbery, kidnapping with intent to murder and defilement of minors below 15 years of age.
IGG’s Office/special court for the corrupt
The Inspector General of Government (IGG) functions are to be redefined to give exclusive mandat
e for
investigation and prosecution of corruption, abuse of office and enforcement of the Leadership Code. The Cabinet also wants the Constitution amended to create the Leadership Code tribunal to receive and examine the findings of the IGG. A special court for corruption charges is recommended.
Compulsory acquisition of land
To promote development, the White Paper says it should be possible for the Government to acquire land compulsorily for investment purposes.
Prime Minister
The Cabinet rejected a proposal that the prime minister and other ministers should be ex-officio MPs, without a right to vote.
Quorum
The suggestion that the quorum of Parliament be 50% of the members was rejected. The Cabinet said the percentage was high and oppressive compared to the current one third requirement. It said the quorum should be determined by Parliament’s rules of procedure.
Swahili
Swahili has been accepted as the s
econd
official language to English and French will be taught as another international language.
Article 1
It is proposed that Article 1 be amended so that when a referendum is held under any Article of the Constitution, the result is binding on all.
No homosexual marriage
The Cabinet wants same sex marriages outlawed. The amendment will read: “Marriage is only lawful if entered into between a man and woman.” The Cabinet said a man and woman are only entitled to marry if they are at least 18 years and shall have the right to found a family and will have equal rights during marriage and at its dissolution.
Protocol
The president shall take precedence over all persons in Uganda followed by the vice-president, speaker of Parliament, the chief justice, deputy speaker of Parliament, the prime minister, deputy chief justice and the opposition leader.
Constitutional Court
Following a number of cases decided agains
t
Parliament by the Constitutional Court, the Government is introducing an amendment. It says the Constitutional Court shall not declare an Act of Parliament or any other law as being inconsistent with or in contravention of a provision of the Constitution if that law is spent, repealed, expired or has had its full effect at the date of delivery of judgement.
Censure of ministers
The Cabinet maintained the grounds upon which a vote of censure against a minister can be taken as provided for in Article 118 of the Constitution. But the Cabinet also said the current procedure on censure of ministers did not adequately cater for the observance of the rules of natural justice to avoid putting Parliament in a position of a judge in its own course.
Standoff between president and Parliament.
Where there is deadlock between the president and Parliament, the matter should be resolved by the president dissolving Parliament but the president’s office a
lso
becomes vacant. Both presidential and parliamentary elections will then be called.
Ends
Published on: Wednesday, 22nd September, 2004 |
