http://www.idr.co.ug/dfwa-u/Nymapp/justice.htm
Referundum 2000: What happened
Clause 21 of the Bill allows political parties to open offices and engage in political activities at national level, but not at district,municipal,sub-county, ward and village levels. The Bill was passed as an amendment to Section 269 of the Constitution of Uganda, which places restrictions on the operation of political parties.
On 31 August, Parliament overwhelmingly voted to amend the Constitution, validating the Referendum (Political Systems) of 2000 and other laws enacted since October 1996. A total of 224 MPs voted in favour of the Constitution (Amendment) Bill of 2000 tabled on 29 August by Justice and Constitutional Affairs Minister Mayanja Nkangi.
Only one unidentified MP voted against the Bill which amended Articles 88, 89, 90, 97 and 257.
Deputy Speaker Edward Ssekandi barred Omara Atubo (Otuke) from presenting a certified copy of Constitutional petition number 2, challenging the Referendum (Political Systems) Act of 2000. He also stopped any comment on the case, which is pending in the Constitutional Court. Parliament at first suspended Rule 73, which provides for voting by secret ballot. The motion to suspend the Rule, which was not debated, was moved by Mike Mukula (Soroti Municipality) and passed with 182 votes against 18. Six MPs including Maj. Gen Mugisha Muntu abstained.
Rule 73 provides for a secret ballot when the House is voting on a Bill seeking to amend the Constitution or election and removal of a personholding a Constitutional office. Under the amendments, Parliament will determine its methodof voting. It will also not be required to have a quorum of 93 members to transact business.
A quorum will only be necessary at the time of voting. Parliament, presided over by Ssekandi, unanimously passed an amendment moved by Ben Mutyaba (Makindye East) seeking to bar courts from inquiring into the proceedings of the House and compelling the Speaker, members and staff to give evidence as was the case in the recent petition against the Referendum and other Provisions Act of 2000.
Article 257 was amended to provide that �no Act passed or purported to have been passed by Parliament at any time after the commencement of this Constitution shall be taken to be invalid by reason of the fact that the Bill for the Act was not discussed and recommendations made on it to Parliament by a standing committee.� The Referendum Act is one such Act that was never scrutinised by a standing committee. The Article was further amended to validate laws and resolutions, passed by the House using voice-voting that the Constitutional Court had also declared unconstitutional.
(The New Vision, Uganda, 1 September 2000)
Movement supporters also marshalled support from Justice Minister Mayanja Nkangi and the Minister for Parliamentary Affairs, Ms Rebecca Kadaga, to rout the motion by multiparty legislators, who included the outspoken de facto leader of the Uganda People's Congress, Mrs Cecilia Ogwal. Paul Ssemogerere, the Democratic Party president, together with Nwoya County MP Zachary Olum and Kibuku County MP Reiner Kafiire, petitioned the Constitutional Court in November 2000 seeking nullification of the Constitutional Amendment Act 2000.
The Act was passed contrary to the provisions of Chapter 18 of the Constitution, they charged. The petitioners said it was not read before Parliament for at least 14 days before President Museveni's assent. They further maintained the amendment of articles 88, 89, 90 and 97 indirectly amended articles 1, 2, 28, 41, 43 and 44 without consent of the people through the referendum under articles 258-262 of the Constitution. But, typically, the petition was dismissed on 3-2 majority ruling.
-----
CA set up a timetable in Article 271 (2) and (3) as well as Article 269 showing how the transition period would come to an end. That is why the 2000 Referendum on Political Systems became a constitutional requirement.
Political Parties and Organisations Bill 2001the bill sailed through with 146 votes in favour, 7 abstentions and one against. In a parliament of 306 MPs, government must be wondering what happened to its assumptions that it has two thirds of the MPs in the bag.
The member from Bukhooli North, who we all know has firm links with the Uganda People's Congress party, Patrick Mwondha did say "parliament is being used to do somebody else' work".
Indeed if one didn't know better, he or she would think that in a Parliament of nearly 300 people, there were 120 multi-partyists. No, they are about 25, and have been able to give the NRM's 250 MPs a run for their money. In every way, I think the strength of the Movement has been overstated. Without the muscle of the state machinery and public funds, and the army on its side, it would only be marginally stronger than either UPC or DP. (The Monitor, Feb. 10, 1999) Constitutional Review Commission (CRC) terms of reference of the commission will among other things be: "To examine the consistency and compatibility of the constitutional provisions relatingto the sovereignty of the people, political systems, democracy and good governance."
__________
bwanika
url: www.idr.co.ug
Logon & Join in ug-academicsdb discussion list
http://www.coollist.com/subcribe.html
List ID: [EMAIL PROTECTED]
Your Email address:
~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~
url: http://uhpl.uganda.co.ug
http://pub59.ezboard.com/fugandamanufacturersassociationfrm1
