{UAH} 13 MPS APPROVE M7'S 'PRISONER' AND RAPE THE CONSITUTION

- 13 MPs for Aronda, 6 against
- Law society: Aronda should have quit army
- Opposition MPs walk out in protest

'This has been a rape of the Constitution of Uganda that we  pledged to uphold' – Kibanda MP Sam Otada.

MPs on the Appointments committee today voted 13-6 to approve the appointment of Gen Aronda Nyakairima as Internal Affairs minister.

But rather than ending weeks of a standoff between Parliament and President Museveni, the vote could kick off fresh battles in the courts. News of the vote drew an angry response from mainly opposition MPs, who walked out of the afternoon parliamentary session in protest.

Aronda was dropped as Chief of Defence Forces in May. He was later appointed as Internal Affairs minister in a mini cabinet reshuffle. His appointment, however, turned controversial.

Parliament insisted that Aronda  had to first resign from the army before he could be approved, which Museveni resisted. Before his approval today, Aronda had appeared twice before the committee but had been rejected.

For at least five hours today, members of the committee were locked up in Parliament's South Committee room, speaking to the Uganda Law Society (ULS), the Attorney General and Parliament's legal department.

AG Peter Nyombi did not appear in person but sent a written submission, while ULS was represented by its president, Ruth Ssebatindira, her deputy Ernest Kalibbala and Secretary Nicholas Opio. This time round the narrative took a dramatic shift.

In its opinion, ULS based its argument on Articles 80, 113, 115, 117, 208 and 210 of the Constitution.

"There is no requirement that a nominee should or should not be a member of the army. Once a person is a Member of Parliament, regardless of the constituency he/she represents, that person is qualified for appointment under the provisions of Article 113(1)," Ssebatindira submitted, but warned that under Article 208(2) it would be prudent for an army officer to resign his position on being appointed.

"An army representative in Parliament represents an institution which under Article 208(2), is required to be non-partisan. It may be prudent for such an officer to resign his position as [an army MP] prior to taking up appointment as a minister because a minister occupies a political office, which by its nature, makes it practically unlikely that he/she would be non-partisan," ULS held.

The ULS submission rhymed with that of the Parliamentary Legal services department. The arguments seemed to speak to the opposition's viewpoint and most of the time NRM MPs were silent, mulling over their options, an insider source said. NRM MPs Patrick Nakabaale (Central, Youth), Milton Muwuma (Kigulu South), David Ochwa (Agule), Simon Peter Aleper (Moroto Municipality) persistently urged Speaker Rebecca Kadaga to put the matter to a vote but they were disarmed by submissions from opposition MPs.

With the matter deadlocked, some members, including Kadaga, suggested that the decision should be left to the Constitutional court for interpretation. Deputy Speaker Jacob Oulanyah asked the ULS team for the way forward, to which Kalibbala responded: "you first have to commit a crime before you go to court," handing a lifeline to an excited group of NRM MPs.

Kakuuto MP Mathias Kasamba who had been silent all through shot up and told the speaker to put the matter to a vote.

"Madam Speaker, we must take a decision whether bad or good. The bad thing in Africa is that people fear taking decisions, we must take a decision and now," Kasamba said.

How they voted

The six MPs who voted against Aronda's appointment were Ssebuliba Mutumba (Kawempe South), Nathan Nandala-Mafabi (Budadiri West), Mathias Mpuuga (Masaka Municipality), Betty Amongi (Oyam South), Betty Aol (Gulu Woman) and Sam Otada Amooti (Kibanda).

And those for were Elly Tumwine (UPDF), Patrick Nakabaale (Central, Youth), Mathias Kasamba (Kakuuto), Hood Katuramu (PWD, Western), Rosemary Nyakikongoro (Sheema Woman), Milton Muwuma (Kigulu South), Dorothy Mpiima (Buikwe Woman), David Ochwa (Agule), Victoria Rusoke (Kabarole Woman), Lowila Oketayot (Pader Woman), Gabriel Ajedra (Arua Municipality) and Mary Tunde Nalubega (Workers).

Burahya MP Stephen Kagwera Kasaija abstained.

"In my view, the majority is not always right, this matter did not require a vote but needed an interpretation of the Constitutional court," Kagwera said.

Opposition protests

At 3:43pm, the committee was adjourned. The committee, however, resolved that Parliament seeks an interpretation from the Constitutional court. Kadaga immediately went into the chambers to preside over the delayed plenary only to be welcomed by hostility from the opposition.

Dokolo Woman Cecilia Ogwal rose up on a point of national importance and asked Kadaga to explain what transpired in the appointments committee.

"I have heard that our colleagues in the NRM are in jubilation that Aronda has been approved against the provisions of the Constitution. Madam Speaker, I was part of the CA that crafted those provisions that prohibit the army from participating in partisan politics," Ogwal said.

Kadaga said the committee had discovered a lot of lacunas in the Constitution, adding that the committee would formally report to the House. Her response only drew protests from the opposition, with MPs Odonga Otto, Ibrahim Ssemujju Nganda and Otada shooting up to raise procedural points which Kadaga ignored.

Odonga and Ssemujju ignored Kadaga's orders to sit down, prompting Leader of Opposition Nathan Nandala-Mafabi to rise and lead an opposition walkout.

"This has been a rape of the Constitution of Uganda that we [MPs] pledged to uphold. This is another dark day in the democratisation process of our country. Parliament has taken us many years back by bringing back the military in the politics of our country," said Otada.

Other opposition MPs said they were ready to join a civil society group to challenge Aronda's approval in the Constitutional court.

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Additional reporting by Deo Walusimbi.

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