{UAH} New Constitutional Amendments Challenged in Court
Male Mabirizi Kiwanuka, a concerned citizen of Uganda has rushed to Constitutional Court seeking nullification of the activities which went on in parliament in amending the Age Limit law of the constitution, contending that the process violated a number of constitutional provisions.
In the Application filed this morning where Attorney General is a respondent, Mabirizi wants court to order for fresh elections to be conducted as soon as President Yoweri Museveni clocks 75 instead of waiting for him to conclude his term in 2021.
He went ahead and pointed out that Parliament's extension of its term by 2 years was null and void.
"The Amendment bill No. 2 of 2017 was inconsistent and in contravention with Article 1,2,77 and 77(4) of constitution which states that term can only be extended by six months when there is a state of war which is not the situation today," reads the Application.
He wants court to declare that actions of Uganda Police and other security organs of beating up MPs on 26th September was a total contravention of Articles 1, 8A, 79, 208(2), 209 and 212 of the constitution where parliament has to act in the name of the people and security forces are supposed to be non-partisan.
"Granting Hon Raphael Magyezi (the sponsor of the bill) leave to table private members bill in absence of chief whip and other opposition members as well as allowing ruling party members to sit on the opposition side of parliament during the presentation of the constitution amendment bill 2 of 2017 was a contravention of constitution which guarantee a multi-party dispensation which creates two sides in parliament," adds the petition.
The Application adds that this bill was unlawfully passed since the speaker didn't separate the 2nd and the 3rd reading without the lapse of 14 sittings as stated under Article 263 of the constitution was unlawful.
On top of that, Mabirizi wants general damages and costs for this Application at 25 percent interest rate from the time of filing up-to full payment.
Mabirizi has revealed that he has written to Attorney General asking him to halt the process by president Museveni to append a signature on this bill until the court case is fully disposed off
This matter has not yet been fixed by the court Deputy Registrar for hearing.
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