[UAH] The Observer - Maj Kakooza Mutale takes on Museveni

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Internal political disagreement in the ruling party shows no sign of abating, with Movement diehard Maj Roland Kakooza Mutale now openly challenging President Museveni's stand on expelled MPs.

Maj Kakooza Mutale, a special presidential advisor on political affairs, says the party's move to dislodge the expelled MPs from Parliament is unconstitutional.

His rather bold position is contained in an 11-page letter to Museveni, in which he also asks the President to stop meddling in Parliament's affairs.

In the letter titled, The Speaker and NRM party in dilemma: What is the constitutional status of NRM political party? Kakooza Mutale warns NRM leaders against engaging in actions that are likely to violate the constitution.

"It is my duty as a citizen of Uganda to submit that NRM's prayers for a constitutional interpretation over the expulsion of the so-called rebel MPs from Parliament is constitutionally a nullity," he writes.
Last month, NRM filed a petition in the Constitutional court challenging Speaker of Parliament Rebecca Kadaga's ruling that essentially allowed the four expelled MPs to remain in Parliament.

This followed the NRM Central Executive Committee (CEC) resolution of April 14 that expelled MPs Wilfred Niwagaba (Ndorwa East) Barnabas Tinkasiimire (Buyaga West), Theodore Ssekikubo (Lwemiyaga) and Muhammad Nsereko (Kampala Central) over breach of the party's code of conduct.

In addition, the NRM had sought to have the MPs forfeit their seats in Parliament but the speaker rejected the ruling party's demand, saying it was not supported by the constitution. This forced NRM to petition the Constitutional court. The petition, supported by an affidavit sworn by President Museveni, argues that keeping the four MPs in the House denies the ruling party representation.

The president, who is also chairman of NRM, says in his affidavit: "That as a party, I know that we were thereby deprived of our parliamentary seats and those four constituencies are not currently represented, yet the electorate preferred the petitioner's hitherto flag-bearers to represent them."

But Maj Kakooza Mutale argues that in so doing NRM is seeking political powers and rights which it is not constitutionally entitled to. He says the party's manoeuvre is actually ultra vires (illegal). In trying to explain Kakooza Mutale's controversial position, political analysts have pointed out that the former journalist has never reconciled himself to the transformation of the Movement [system] into the NRM political party, having rejected it in the 2005 referendum.

"I will never be a member of NRM. I want to remain a historical after serving the Movement, and not the NRM party," Mutale said, one month before the referendum on political parties in 2005.

"He probably feels exonerated when he sees the NRM party grappling with internal problems that it would never have faced under the so-called Movement [system]," said a political analyst who did not want to be named.

Maj Mutale argues that for the NRM to oust expelled members from their seats, it would require amendment of articles 1 and 2 of the Ugandan constitution, which gives the people sovereign power, and this must be through a referendum.

"The political parties have no constitutional powers of electing people's representatives. It is the people of Uganda who have to elect their representatives periodically and not political parties," Mutale argues in his missive.

"The power to elect people's representatives is the sovereign right of the people of Uganda and the means they may choose to do so may exclude political parties. The people even reserved to themselves the right to choose and adopt political systems through which they can exercise their power of electing their own representatives," Mutale writes. "This right of choice is not conditioned at all by the existence or non-existence of political parties."

The document also questions NRM's claim that Speaker Rebecca Kadaga's ruling had created aliens in Parliament.

"Individuals and groups of whatever nature and interest are constitutionally barred from seeking claims to political power and authority except with the consent of all Ugandans. There is no 'alienation' when representatives of the people of Uganda, having taken a parliamentary oath, are sitting in Parliament to conduct all forms of legislation in the interest of the people of Uganda."

Mutale argues that whoever legitimately sits in Parliament owes allegiance only to the House and not to individuals or groups of various interests. He further argues that the oath MPs take on being elected to Parliament does not obligate them to any particular political ideology. In what appears to be an indirect response to Attorney General Peter Nyombi's legal opinion on the matter, Maj Mutale says the speaker has no power to expel any MP, citing Article 83 of the constitution, which spells out nine different ways through which an MP can vacate his or her seat.

"Requests from external sources to compel the speaker to expel a people's representative from Parliament outside the provisions of article 83 are unconstitutional [and] therefore absolute nullity. They are legal misconceptions, which ask and demand for what is not provided," he said.

Mutale warns that efforts by individuals to twist the provisions of the constitution are putting the public interest at stake.

"Political parties are inherently infested with wrangles and chaos. We should be guarded not to either import or translate such wrangles and chaos, which may spark off incessant constitutional crises," he says.

Mutale signs off his letter not as a senior presidential advisor, but as a senior citizen, plus a disclaimer that his submission is not intended to invade or challenge the Constitutional court's power, but in exercise of his civil duty as a citizen. Reacting to Mutale's missive, President Museveni's Press secretary, Tamale Mirundi, said in a phone interview yesterday that the retired major is not a judge but a presidential advisor, which explains why he was skipped and the matter taken to court.

"Who decides whether there is no law? It is the Constitutional court to which Mutale is not a member," Mirundi said, adding that under multipartyism, MPs belong to political parties. That's why they go through party primaries, he explained.

Often controversial, Maj Mutale came to the limelight in the run-up to the 2001 elections when as head of a paramilitary group, Kalangala Action Plan, he was blamed for unleashing violence against President Museveni's political opponents. An eccentric man, Mutale often appears at political campaigns of NRM candidates in different parts of the country with a brass brand led by the 'Movement Bus'.

Mutale's submission also follows yet another petition in the Constitutional court by two NRM members, who argue that the party is operating unconstitutionally in seeking to oust the expelled MPs from their seats without consulting members.

The duo, Urban Bernard Banturaki and Modern Karema Musiimenta, who claim to be concerned citizens, allege that NRM's interpretation and reliance on its internal code of conduct to impose the doctrine of collective responsibility on party MPs is an affront on the doctrine of separation of powers and the independence of the legislature. Through Luganda, Ojok & Company Advocates, the duo wants court to halt the ongoing proceedings in the Constitutional court and let the MPs keep their seats.
sadabkk@observer.ug

The Observer - Maj Kakooza Mutale takes on Museveni