[UAH] M7's approach to Gen Aronda's ministerial appointment!

Museveni then invited Col Kagoro Asingura, the army's deputy director of legal services, to address the committee members. The colonel has written a document titled, Brief on Gen Aronda Nyakairima's ministerial appointment, in which he looks at articles 98 and 99 of the constitution, which give the president executive authority as head of government and commander-in-chief of the armed forces.

Much as Article 99 (1) provides that the executive powers vested in the president shall be exercised in accordance with the constitution and the laws of Uganda, Asingura's legal opinion is such that the constitution gives the president the prerogative to appoint any citizen of Uganda to a ministerial position. The brief also gives Museveni options that he can explore to prevent "any subversive utterances by negative forces" about Aronda's appointment.

Among these options is granting Aronda leave of absence from the army, which implies that he would cease to hold any active duties but at the same time retain his status as an officer of the UPDF. The second option is to use section 38 of the UPDF Act and treat Aronda's appointment to cabinet as "secondment" from the army.

"In the present case, the president, head of state and government, commander in chief and fountain of honour has a constitutional authority to second Gen Aronda to a public institution which includes a ministry of government," the brief reads in part.

The brief also addresses the requirement for Aronda to retire, which Asingura argues does not apply to the general. His arguments are based on Article 208 (2), section 99 of the UPDF Act and Section 16 of the Political Parties and Organisations Act (PPOA).

"The import of the above provisions and in particular section 16 of PPAO is that for one to be partisan, he or she must subscribe to a political party, register as a member of such a party and manifest all the features of such a political party," the UPDF legal expert argued.

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*A positive mind is a courageous mind, without doubts and fears, using the experience and wisdom to give the best of him/herself.

 

 We must dare invent the future!
The only way of limiting the usurpation of power by
 individuals, the military or otherwise, is to put the people in charge  - Capt. Thomas. Sankara {RIP} '1949-1987

 *"Those who make peaceful revolution impossible will make violent

revolution inevitable"**…  *J.F Kennedy