MPs defer Aronda's approval yet again

Gen Aronda Nyakairima after appearing before the Parliament's Appointments Committee yesterday. PHOTO BY GEOFFREY SSERUYANGE
By Yasiin Mugerwa & Mercy Nalugo

Posted Tuesday, July 16 2013 at 01:00
Former army chief Aronda Nyakairima will have to wait a little longer before he knows his fate after the Parliament's Appointments Committee again got divided over the matter, and deferred approval, promising to consult third party stakeholders, including Attorney General (AG) Peter Nyombi.

Due to the deeep divisions in the committee over whether Gen Nyakairima should stay in the army even as a minister or not, the lawmakers resolved to summon the AG, the Uganda Law Society, Shadow Attorney General Abdul Katuntu and other stakeholders to give their views on the General's appointment, in what appears to be the exception to the regular order.

Sources told the Daily Monitor that opposition representatives on the committee had suggested that Ms Kadaga writes to the President, stating reasons why Gen Nyakairima should resign from the army with misgivings on 'regional imbalances' in his Cabinet.

The lawmakers had also suggested that in the letter to the President, Ms Kadaga advises the appointing authority to petition the Committee of the Whole House to reconsider Gen Nyakairima if he considers the committee decision erroneous.
However, even before Gen Nyakairima came in, sources talked of a divided committee chaired by the Speaker, with some NRM MPs arguing that there was a 'lacuna' in the law on how they should handle Gen Nyakairima's matter.
But opposition members led by their leader, Mr Nandala Mafabi, said approving him before he officially resigns from the army would be 'overthrowing' the Constitution.

Ms Kadaga, who according to sources maintained a middle ground on the matter, reportedly called for calm amid 'piercing disagreements' before the committee eventually resolved to hold a mini-public hearing on a matter that has pitted the President against the committee.

This is the second time Gen Nyakairima's appointment is being deferred on legal grounds.

Gen Nyakairima spent more than two hours in the committee explaining himself on how he intends to play politics in a multiparty political dispensation and at the same time remains non-partisan as a serving army officer in line with Article 208(2) of the Constitution.

When he came out of the committee at about 2:40pm, he declined to divulge the details and only said: "I was invited by the appointments committee, I have interacted with them, I have answered questions and the responsibility of communicating the outcome lies with the committee and the Parliament."

Other members, who attended the committee meeting but requested not to be quoted, because the committee proceedings are normally held in camera, told the Daily Monitor that Deputy Speaker Jacob Oulanyah stated his earlier State House position that "there is no clause in the Constitution that stops President Museveni from appointing a military officer a minister."

Mr Oulanyah was backed MPs Milton Muwuma and Elly Tumwine, among others, who insisted that Gen Nyakairima should be approved as the President requested.
The Deputy Speaker's position on the matter resonates with that of Mr Nyombi, who has also advised that Gen Nyakairima should not resign from the army since "he has not sought public office".
Mr Nyombi will now face Ms Kadaga before the committee makes a final decision.

Those who wanted the general approved said while the UPDF Act requires a serving officer to resign from the army, it does not define in detail such an officer "desiring or seeking" for an elective office, adding that there were 'clear' gaps in the law that needed interpretation of the Constitutional Court.

But MPs Ken Lukyamuzi and Mathias Mpuuga, among others, said "politics is a preserve of civilians and that approving Gen Nyakairima would be raping the supreme law" they swore to defend.
Gen Nyakairima, who has maintained his silence over this matter, was in late May named Internal Affairs minister in a reshuffle that saw Gen Katumba Wamala replace him as Chief of Defence Forces.

However, his approval has turned dramatic with Parliament insisting he will not get the nod unless he leaves the army. President Museveni, however, continues to hold onto his position that Gen Nyakairima should stay in the army even as a minister. It's not clear when the committee will meet again to consider the matter.
Meanwhile, the committee approved Sheema MP Elioda Tumwesigye as the junior minister for Health (General Duties) and Commissioner Mariam Wangadya of UHRC was given the green light to fill the second vacant slot for deputy IGG.
editorial@ug.nationmedia.com

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