[Ugnet] Museveni's Third Term Sad Moment for Africa

Finally, the contentious issue of deleting the two five-year term limit clause for presidency provided under the Ugandan Constitution is a foregone conclusion, never mind about the treacherous tactics employed.

During the last four years, there has been a curious debate on the switch to multi-party politics which has for nineteen years running, been legally prohibited. Thus the more the talk raged on, the more it dawned on the proponents of multipartism that president Yoweri Museveni would obviously seek to amend the Constitution and remain eligible for the post he has held for two decades, for as long as he wants.

For President Museveni and his accomplices, it has been but a matter of the medieval adage of "the end justifying the means". Last November, 'honourable' legislators were given Shs5m to 'educate' the people about the term limits issue. In May, they were given Shs6m refund in taxes they have paid since November 2001. And president Museveni further promised them Shs12m Constituency Development Fund, understandably should they overwhelmingly support his third term ploy. This is a very unfortunate behaviour for the 'honourable' law makers for which history will never absolve them.

Constitutional or any legal amendments the world over is a very healthy act provided it is done in good faith and motivated by the desire to see harmonious political development in the country and nothing more. However, the deleting of the presidential term limit clause from the 1995 Constitution of the Republic of Uganda by the legislature a few days ago was a very dangerous precedence that will have far reaching repercussions- negative repercussions not only on the socio-economic and the political stability of Uganda but also on the regional political stability. What the Parliament did a couple of weeks ago in its feverish haste to uproot presidential term limits from the Constitution was to fulfill a legal requirement to allow Museveni present himself as candidate in next year's general elections and nothing more.

Constitutional amendments are never made for individual or political purposes. In any case the term limit clause, which is a very sensitive issue in the context of Uganda's and indeed Africa's turbulent political history had not yet been tested for once yet in countries where it has been tested like Tanzania, Kenya it has caused no harm, rather it has resulted into sustainable stability and political discipline.

Again, within the context of regional integration, there is need for political and constitutional convergence in the Eastern Africa, if at all the regional leaders are serious about making a strong market entity and the proposed political confederation of the East African Community.

We don't need to scratch our heads to make sense of what the future post-2006 Museveni regime has in store for the peace-loving Ugandans. The ill intended and subsequent constitutional amendment has already caused more harm than good. In the words of Museveni's childhood friend and comrade in the liberation struggles, Augustin Ruzindana, who has since turned his erstwhile rival: "The third term ploy has ended long established friendships, it has split the movement, it has split the country, it has led to the abuse of elders by youngstersâ-oeit has led to all sort of manipulation of the constitution, the law and parliamentary rules, it has led to the promise of innumerable districts and above all the depletion of the national budget" he is reported to have painstakingly told the Speaker.

The essence of including term limit in the Ugandan Constitution and in any other national Constitution is among other things, to curb excessive executive powers through various provisions of checks and balances, separation of powers, strong provisions protecting fundamental human and individual rights, creation of independent oversight institutions like the Electoral Commission and an independent judiciary. However, the overt spirit behind the untimely amendment is to increase executive authority, castrate the judiciary of its discretion by restricting judicial reviews, intimidate the independent voices and emasculate the oversight institutions and water down the checks and balances. In short, what has been a de facto dictatorship has been constitutionalised. What a shame!!

In fact, for constitutional law scholars, Uganda's constitutional review process of June 2005 will go down as the most treacherous political maneuver which subjected the otherwise good Constitution to an emergency surgery- to reconsider 102 articles in a desperate effort to disguise the political greed and bad faith in removing the presidential term limit.

Other African rulers tried the fraudulent attempt but were nipped in the bud. Former Presidents Fredrick Chiluba of Zambia and Bakili Muluzi of Malawi, whose constitutional two-term mandates were nearing expiry made desperate moves but were blocked by the legislature, opposition politicians and all peace-loving citizens in their countriers.

Ironically, instead of these incidences having served as an eye opener, our 'visionary' man set out to exploit the situation to his insatiable political greed, the apparent negative repercussions likely to culminate notwithstanding.

Already, the most recent press report indicate that President Benjamin Mkapa of Tanzania, whose two-term constitutional mandate expires in October this year and who has harboured no intentions whatsoever to seek another term has threatened to pull out of the East Africa Community because of Museveni's Kisanja ploy. It must be remembered that the EAC which was revived just a few years ago, had disintegrated in 1977 because of the unbecoming behaviour of then Ugandan military dictator Field Marshal Idi Amin.

What all this means is that the country's future is at cross-roads. What started and was conceived as a united revolutionary political movement or is it political party, has split different political camps that live a 'cat and mouse life'. The harm this is likely to cause on the social fabric of the entire society is everybody's guess.

Museveni's strategy of "separating sheep from wolves" to be sure of a dissent-free term will definitely leave an insurmountable number of causalities; his priority now is to completely phase out dissenting contemporaries from NRMO and infuse in more young people who can easily toe his line.

Critics of Museveni, however console themselves in the fact that each person Museveni sacks tears a chunk off the Movement. Thus the Forum for Democratic Change, the dumping ground for most friends-turned opponents will hopefully metamorphose into a broader and formidable political force capable of restoring sanity. Indeed Museveni's former friend and ally cum strong critic, Jaberi Bidandi Ssali has observed that the presidential term limit clause will be reinserted in the Constitution "when a sane government" succeeds him. But for Gods sake, for how long shall people have to endure successive political upheavals?

Surely my humble submission is that the African Union and other credible African leaders must come out and make their positions sound and clear on their colleague's unbecoming political appetite, lest his unfortunate legacy will be followed by others.

[Ugnet] Museveni's Third Term Sad Moment for Africa

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