{UAH} PROF KAMBANDA: Andrew Mwenda Confuses Positions of PM in Parliamentary and Presidential Systems

By Prof Charles Kambanda

On Thursday Ugandan journalist Andrew Mwenda appeared on a local television channel talk show and castigated the President for making Rt Hon Robina Nabbanja the Prime Minister of Uganda on grounds that she is too junior and unsophisticated to measure to the record and profile of giants who have previously occupied that office namely Dr. Samson Kiseka, Cosmas Adyebo, Kintu Musoke, Apollo Nsibambi, Amama Mbabazi and Ruhakana Rugunda.

Mwenda went on and asserted on NBS that making an intellectually unsophisticated person like Nabanja PM simply means Gen Museveni and his supporters were never genuine in their criticism of Bobi Wine who they castigated as unfit simply because he lacked prior experience.

I think Mwenda confuses the position of Prime Minister in a Parliamentary system (like the UK) with a PM in a Presidential system (like Uganda); Oceans apart systems.

In a Presidential system, the President is the absolute leader of the Executive branch of Gov.  The most relevant person in the Executive branch of government is the President. The PM is a coordinator of government activities for the purpose of implementing the elected President's Manifesto.

No one in the Executive arm of government is more relevant than the President. No one in the Executive arm of government competes with the President for anything; so we have the Unitary Executive theory.

Mwenda might want to study the meaning and scope of the President's powers as Chief Executive! 

Mwenda probably wants to educate himself over why the Legislature and the Executive are called political arms of government while the Judiciary is called the career arm of government.

 If one wants to compete with the President for relevance in the Executive, that person is in the wrong place because there is no opposition in the Executive, at least in a Presidential system like Uganda.

This is basic knowledge in political science, public policy, and/or Constitutional law. Mwenda shouldn't be struggling with this, right? 

A significant number of analysts forget that a Minister is not, and should not be a technocrat. 

There are about 4 major requirements for one to become a Minister in a Presidential system:

Total loyalty to the President and the Party whose Manifesto won the race/election.

2. Absolute public enthusiasm about implementing the Manifesto

3. Public support for public policy, without reservation.

4. Being friendly (likeable) to MPs, to make legislative oversight smooth. 

Appointing professors or "professionals" into cabinet triggers issues around loyalty, public support for the President and the party, etc.  

We have to remember the golden rule of Cabinet; there is no opposition in Cabinet.

Two Constitutional Law theories – in Constitutional Supremacy Jurisdictions like Uganda – cover this issue: Ministerial Responsibility and Unitary Executive theory.

The writer is a law professor and legal scholar 

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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)

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