[UAH] 4 ministers risk losing jobs in new petition
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12:21 PM |
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They joined Parliament as independents but hobnobbed with NRM in cabinet
After two years in cabinet, four ministers are facing an unexpected ouster if a constitutional petition lodged against them succeeds.
A hitherto little-known Humphrey Tumwesigye, through his lawyers Kyazze & Co Advocates, has dragged the Attorney General, the Electoral Commission and four junior ministers Asuman Kiyingi (Regional Affairs), Amali Caroline Okao (Microfinance), John Chrysostom Muyingo (Higher Education) and Alex Onzima (Local Government) to the Constitutional court, arguing that since they were elected to Parliament as independents, it is unconstitutional for them to serve in the NRM government as ministers.
Tumwesigye, a resident of Nkongooro, Nyabihoko, Ntungamo district, says the affected ministers joined the 9th Parliament as independent MPs representing Bugabula South, Amolatar, Bamunanika and Maracha constituencies respectively.
He argues that since they joined Parliament as independents, the ministers should first have resigned their parliamentary seats before accepting the ministerial appointments.
He further argues that having accepted their appointment as ministers in the ruling NRM government, which is not a coalition government, the ministers contravened articles 1 (i), 2, 4, 83 (g) and several other provisions of the constitution.
He further argues that the four literally crossed to the ruling NRM and, therefore, ceased being MPs of their respective constituencies.
"It is a betrayal of the people who elected the ministers on the independent ticket and an exhibition of the highest form of political hypocrisy and opportunism as well as political indiscipline and an abuse of the people's sovereignty as enshrined in the constitution," the petition reads.
In his petition, Tumwesigye says the affected ministers have been attending NRM party meetings, cabinet meetings and NRM caucus meetings, something that contravenes the constitution.
He wants court to order the ministers out of Parliament; refund all the emoluments, salaries, privileges, allowances and other benefits they drew and continue to draw unconstitutionally.
Under the constitution, particularly article 83 (1) (g) and (h), one cannot, in a multiparty system, continue to represent the electorate as an independent MP and at the same time serve the ruling party as a minister, if the government is not a coalition government, Tumwesigye argues in his petition.
The petitioner prays court to order the Electoral Commission to conduct fresh elections in the respective constituencies, and the costs of the petition be borne by the affected ministers. He also prays that the speaker of Parliament stops according the affected ministers the benefits accruing to MPs.
Legal minds
Weighing in on the petition, Abdul Katuntu, shadow attorney general, says the petition is long overdue. Having been duly elected to Parliament as independents, Katuntu agrees, the four ministers crossed to NRM by implication when they accepted ministerial appointments.
Referring to the Constitutional court ruling in George Owor versus Attorney General and William Okecho, Katuntu argues that if an independent MP crosses to another political party, he or she is automatically supposed to lose the parliamentary seat.
In the February 2011 landmark ruling, the Constitutional court threw out more than 70 MPs from Parliament for having switched political party allegiance before resigning their parliamentary seats.
Medard Lubega Sseggona, Busiro East MP and shadow minister for Justice and Constitutional Affairs, argues that by sitting on the side of the ruling NRM in Parliament, the affected ministers voluntarily crossed to NRM.
Who is Tumwesigye?
Tumwesigye, 26, a fresh law graduate of Makerere University, says he filed the petition out of his love for constitutionalism and rule of law. He says until July 9, when he filed the petition, he had always kept a low profile.
However, after the petition, Tumwesigye says he now fears for his life.
"Ever since the petition was filed, I have been contacted by many people, some of whom I don't know…," says Tumwesigye.
He denies claims that his petition is politically influenced by other people. "Through my readings of multiparty democracy, I discovered that it is now seven years since Uganda embraced multipartism, but Ugandans have not yet appreciated what it means," he said.
"When a government is not a coalition government, there are rules that govern it. And when it is a coalition government, there are also rules that govern it. But I discovered that there are ministers serving the ruling party when they came to Parliament as independents."
ssekika@observer.ug
sadabkk@observer.ug
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