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From: Chris Opoka-Okumu
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Sent: Wednesday, September 24, 2003 4:16 PM
Subject: CABINET OKAYS LIFE PRESIDENCY AND FEDERALISM
Cabinet okays 'life president' and federalism
By Ssemujju Ibrahim Nganda
September 24, 2003
Gives president power to dissolve parliament
PARLIAMENT - The Cabinet has formally asked for the lifting of the term limit on the presidency. Theoretically, that now allows any incumbent to rule for life.
The Cabinet also wants the Constitution changed to provide for a return to multiparty politics, as well as a form of federo, based on co-operation between districts.
These are some of the proposals that Vice President, Prof. Gilbert Bukenya, submitted to the Constitutional Review Commission (CRC) yesterday.
In a document that seeks to significantly increase the powers of the Executive, the Cabinet also wants to grant the President power to dissolve Parliament.
Mr Bukenya made the submission yesterday morning in the Cabinet Library at Parliament. The Prime Minister, Prof. Apolo Nsibambi, and the Attorney General, Mr Francis Ayume, accompanied him.
Also in attendance was the Minister of State for Parliamentary Affairs, Ms Hope Mwesigye, and the Minister of State in the Office of the Vice President, Mr Adolf Mwesige.
The Chairman of the CRC, Prof. Fredrick Ssempebwa, who was accompanied by about 10 commissioners, said: "I understand that although we are in the Cabinet Library we are the host".
But it was Cabinet's day yesterday as Bukenya and his delegation explained which clauses of the 1995 Constitution they want changed.
Bukenya, who sat next to Ssempebwa, told the CRC chairman that the Cabinet wants the Constitution amended because government has met some roadblocks in its campaign of transforming the people of Uganda from peasantry to modernity.
But for such a Herculean task, yesterday's meeting lasted for less than an hour.
The VP gave a summary of the Cabinet's views and submitted copies of the proposals to the Commission.
Bukenya asked the CRC to give more weight to proposals submitted by groups, especially elected ones, as compared to those given by individuals.
He, for example, said that views submitted by the Buganda Kingdom should weigh more than those by individuals like him.
He singled out the Movement National Conference - and Cabinet - as groups whose proposals should be listened to. But Prof. Ssempebwa struck a bold tone in his closing remarks.
He said that the Cabinet's views would not be taken 'wholesale'.
He said that while the CRC is open to influence from all people, including the Cabinet, it is independent and would be free to comment on each of the presentations made before it.
Ssempebwa said that the CRC would study the document and, where necessary, seek explanation.
He said his report would be ready in a month.
A life presidency?
The Cabinet proposes the repealing of Article 105 (2) of the 1995 Constitution to remove the two five-year term limit on the office of the president.
"The reason for removing the limit is to allow the people to decide the number of times a person may serve as President by their support or rejection at the polls in consonance with Article I of the Constitution, which provides that all power belongs to the people," reads the Cabinet proposal.
By lifting the term limit, Cabinet, theoretically, allows any incumbent to stay in power for life - as long as they don't lose elections.
More powers
The Cabinet has also proposed more powers for the President, while cutting those of Parliament.
For instance, the proposals give the President the power to dissolve Parliament if they disagree on a matter, "which the president has declared to be of confidence" and cannot be resolved amicably.
In that event, there would be fresh parliamentary and presidential elections within three months.
Mr Yusufu Kagumire, a member of the CRC, asked who would determine the matter and circumstances under which Parliament would be dissolved. "The President," explained the Attorney General, Mr Ayume.
He said that the incumbent would remain in charge of the country during that period until a new president is elected.
In addition, Cabinet wants Article 99 (on executive authority of Uganda) amended to give the President powers to issue executive orders, which shall have the force of law.
This power would be limited to matters relating to investment, environment, public health and historical as well as archaeological sites.
If these proposals are accepted, then the President will also have the power to revise the budgets of constitutional accounting bodies, such as the Judiciary, the Land Board and the Electoral Commission.
Presently, the President only makes comments and forwards the budgets to Parliament.
In what could be understood to be a trimming of their powers, MPs would no longer wield as much influence over approving presidential nominees.
"The only grounds Parliament shall refuse to approve the President's nomination of Prime Minister or a Minister is that the person lacks the necessary qualification or that he or she has been convicted of felony," says the Cabinet.
The power of the MPs to censure ministers is also slashed under the Cabinet proposals.
"?a resolution for censure of a Prime Minister or Minister should only be based on specific charges of wrong doing e.g. corruption, embezzlement etc and not on general allegations e.g. mismanagement etc as at present."
Bigger Executive
The Cabinet proposes to 'officially' add the post of Prime Minister to the Constitution.
The PM is to be the leader of Government business in Parliament and to rank immediately after the Chief Justice in order of precedence under Article 98 (2). The Chief Justice is number four after the President, the VP and the Speaker of Parliament.
The Prime Minister is to be appointed with the approval of Parliament by resolution of a simple majority. Cabinet also wants at least three deputy prime ministers.
The Judiciary
Cabinet proposes that the experience required for one to be a judge of the Supreme Court be reduced from 15 to 10 years' experience and that of a High Court judge from 10 to seven years.
Article 119 should also be changed to reduce the experience required for one to be attorney general from 10 to seven years, Cabinet proposes.
There is also a proposal to amend the Constitution to enable the President to appoint a minister of state as deputy attorney general.
The Judicial Service Commission should also be given powers to appoint court clerks and interpreters.
Cabinet also wants Article 129 amended "to provide for the creation of special courts under treaties, conventions or any other arrangements to which Uganda is a party".
The ministers also want Parliament to make laws to regulate Police and Prisons addressing issues of recruitment, promotion, discipline etc.
Multiparty politics
One of the fundamental proposals for change in the Cabinet document revolves around articles 69 (on political systems), 70 (on the Movement political system), 71 (on the multiparty political system) and 72 (on the right to form political organisations).
Cabinet wants these amended to allow a return to multi-party politics.
If Article 70 is amended as proposed, people who subscribe to the Movement would be allowed to form political parties but can continue to belong to the Movement.
Less power for MPs
Cabinet wants to take away, from Members of Parliament, the power to determine how much money they are paid in salaries and allowances.
It proposes the creation of a Salaries and Remunerations Board to determine their salaries and those of other officers.
Cabinet has also proposed the new post of an assistant speaker to chair the House in the absence of both the Speaker and the deputy.
Candidates who committed crimes involving dishonesty or electoral malpractice in the seven years before the election are not allowed to stand for parliament.
Dual citizenship
The cabinet wants Article 15, which at present prohibits dual citizenship, amended. The following people would benefit from this new arrangement.
What this means is that indigenous Ugandans i.e. citizens of Uganda by birth living abroad and holding the citizenship of another country will be able to acquire Ugandan citizenship as well.
The same privilege shall be extended to large investors - under a law to be made by Parliament - as well as the children of naturalised Ugandans.
Likely to benefit most from the dual citizenship, are 'Ugandans' who have been living abroad for several years, as well as Asian nationals who have lived in Uganda for a long time.
Federo back too
After long-standing demands, particularly from the Buganda Kingdom, the Cabinet has allowed for a federal arrangement between districts.
Cabinet proposes that districts come together and form a regional council and a regional government. The regional council is a body corporate - can sue and can be sued.
Such a council will have powers to make laws within its areas of control, levy and collect taxes such as graduated tax, rent and other fees.
The regional council, which will elect a Speaker and a Chairperson, will have the power to make laws on culture, cultural and traditional lands, promotion of local languages, crafts and antiquities.
Other areas are education, inter and intra-district roads, health, inter and intra-district development projects, graduated tax collection as well as water and sanitation.
Others are roads, co-ordination and any other matters they may agree upon, subject to the Constitution.
Ayume told The Monitor that under this arrangement, even traditional leaders and clan heads could send representatives to the regional council.
He, however, explained that the finer details would be laid down in a law to be passed by Parliament.
After the formal submission, the three professors - Bukenya, Nsibambi and Ssempebwa -exchanged views about the federal arrangement.
Ssempebwa said that the Cabinet proposal means that districts would be free to walk out of this type of federalism but Mr Mwesige disagreed.
Bukenya said that the structure should be inflexible, to prevent districts from running away from the council.
Nsibambi compared it to marriage and said that as long as there are reciprocal benefits, districts would want to be part.
Districts are free to co-operate and may withdraw from the co-operation.
Same-day elections
Presidential, parliamentary and local council elections should be held on the same day to cut costs, the Cabinet has further proposed.
There is a suggestion to amend Articles 81, 103 and 181 to enable all the terms of Parliament, the President and local government councils to end on the same day.
Gov't powers to 'grab' property
The Cabinet wants Article 26 (1) of the 1995 Constitution amended to give government power to compulsory take over any property for investment.
At present, this is only allowed when it is necessary for public use or in the interest of defence, public safety, public order, public morality or public health.
In a move that is likely to face opposition from private investors, the Cabinet argues that it is necessary to widen the scope in order to widen the national economy.
Other proposals:
- That Saturdays, Sundays and public holidays should not be taken into consideration in computing the 48 hours within which investigations should be completed and an accused person brought to court.
- Cabinet also proposes that in cases punishable either by death or by life imprisonment, the detention period should be increased to 72 hours.
- If an accused person who is medically fit remains silent and elects not to give an explanation or defence, the silence is construed as an admission of guilt.
- That Uganda does not recognise the marriage of the people of the same sex.
- That Cabinet is of the view that there are too many commissions under the Constitution involving a lot of costs to government.
- That the Uganda Human Rights Commission be abolished and its functions transferred to the Inspectorate of Government.
- That the Education and Health Service Commissions be abolished and their duties transferred to the Public Service Commission.
- That the existing staff of the Commissions be retained as public officers or compensated.
- The Commissioners are to be paid compensation for loss of employment to be determined by a tribunal appointed by the president.
Prof. Bukenya said that the decision to abolish the Commissions is not final but is pending the results of a consultancy.
© 2003 The Monitor Publications
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