Museveni Rejects Referendum Ruling
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The Monitor (Kampala)
June 28, 2004
Posted to the web June 28, 2004
Richard Mutumba
Kampala
President Yoweri Museveni last night rejected the Constitutional Court ruling that
nullified the 2000 Referendum, saying the government will not accept the contents of
the ruling.
"The Government will not allow any authority including the courts to usurp people's
power in anyway. We shall not accept this. It will not happen. This is absurd and
unacceptable," the President said in a Radio and TV address to the nation.
The five judges of Constitutional Court on Friday annulled the Referendum (Political
System) Act 2000 and the June 29, 2000 referendum because Parliament did not follow
the Constitutional procedure when enacting the Act.
Court also ruled that no other mandatory referendum can be held, because article 271
of the Constitution that provided for the referendum was not complied with and had
expired, rendering article 74 that should have been activated for the purpose of
changing into another political system redundant.
General Museveni said a closer look at the ruling reveals an absurdity and shocks the
general moral of common sense.
The President said under the 2000 Referendum, Ugandans exercised their right to choose
a political system. He said these rights are not given to the people by the judges.
"The work of the judges is to interprete the Constitution or the laws but not to enact
the laws," he said. "The power of the people to choose how they should be governed
lies with the people themselves. We chased Idi Amin and Obote because they wanted to
grab this power and this is re-affirmed by our revolutionary struggle against those
foolish people who thought they could usurp that power," Museveni said.
He said judges had no power to change this arrangement, saying that they were even
less qualified than the people. The General said the Movement had a duty in accordance
with article 271 to organise a referendum to take place in the fourth year of its term
in which millions of Ugandans took part.
"It is therefore totally unacceptable that anyone should try to reverse this exercise.
You can play with any other thing but not this one. When you say Ugandans have no
power to choose their destiny, that is a no go area for any authority other than the
people themselves," he stressed.
The President said he couldn't believe the fact that the court that derives its
authority from the people could turn around and usurp their power.
He cited article 126(1) on administration of justice, which provides that "Judicial
power is derived from the people and shall be exercised by the courts in the name of
the people in conformity with the norms and aspirations of the people." He said this
was a decision the judiciary must respect.
The President assured Ugandans that there was no cause for alarm, saying the world of
anarchy ended and the Movement restored constitutionalism and the rule of law. He said
this was the reason why judges could even make decisions against the government.
He said if these judges made such a ruling during the past regimes, they would not
live to see the next day. "This government has changed all this and we don't want to
get back to those days. There is total adherence to the rule of law and
constitutionalism under the Movement," he said.
Museveni said some people were taking Ugandans for a ride. "We cannot accept this. No
authority will usurp the power of the people or even nullify the existence of the
Movement by any other means other than the vote. The sovereignty of Ugandans cannot be
taken away by court manoeuvres or Ssemogerere and his group," he said.
"We are planning to propose to Ugandans that those who don't want to be in the
Movement should leave and form their own parties where they will be happy. If people
don't want to be in the movement, they should be allowed to go away, and we are going
to do this in a referendum," he said.
Museveni said, "article 74 is not dead. the Movement is not dead and Ugandans are not
dead." He said the government lawyers were studying the ruling and shall take
appropriate legal redress. He said in the meantime, the Movement shall ensure that
harmony and adherence is maintained.
He said the government is proposing a number of amendments to Parliament to tie all
the loose ends and to ensure that the contradictions don't happen again. "Each organ
of government should know its jurisdiction," Museveni said.
10 Key Quotes
The judgment reveals an absurdity. The ruling means the Movement system does not
exist, that all elections held under it are null and void, that all actions taken by
the government including the appointment of judges are a nullity.
The judges are saying the country is in a state of anarchy. They have usurped the
power of the people to choose their political system.
Our power to choose how to be governed does not derive from judges, but from the
people's intrinsic right granted by the Constitution.
Who are you? Even you judges have no power. you even have less power than the people
to choose how they should be governed.
5. It is totally unacceptable that any one can allow the reversal of the 2000
Referendum.
Those who want to play games can play with other things but not this one. No
authority, not even the judges, will be allowed to usurp the power of the people to
choose how they will be governed.
We restored constitutionalism and the rule of law. That is why judges can rule like
this against the government. There were times when if a judge made such a ruling, he
would not live to see tomorrow.
The ruling will not work. It is simply not acceptable. Judges say Article 74 has
evaporated. Article 74 is not dead. The Movement system is not dead. We are all here.
Relevant Links
East Africa
Uganda
Legal and Judicial Affairs
There is no problem. Courts are making mistakes, but these will be redressed legally,
politically, legislatively and constitutionally.
There will be referenda. I repeat. I assure you these matters will come to a
referendum. When you get a court to make a law or to legislate or write their own
constitution, then you run into problems.
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