THE election of a sizeable number of independents to Parliament and local governments has raised unease in the political circles. But it is not surprising, given the two decades of ‘individual merit’ system.
During consideration of the Constitutional Amendment Bill by Parliament, the Attorney General, Prof. Khiddu Makubuya, unsuccessfully attempted to outlaw independents. He argued that independents would foment instability within the political parties. Although the AG’s argument was valid to some extent, it would have been improper to ban independents as Paul Muwanga did in 1980. Individuals shouldn’t be compelled to join parties in order to vie for elective political offices.
In its report, the Commonwealth Observer Group (COG) stated: “In a number of the political parties many of their leading members who were not selected opted to stand as independent candidates on the basis of individual merit. This attitude is a feature to be expected in the process of transition. It is yet to be determined what accommodation will be made for independent members to sit in Parliament in accordance with the law,” the report said. The COG noted that most of the independents were originally NRM members who lost in primaries.
Nonetheless, it appears many independents elected to Parliament and local government councils have not fully grasped the legal and political implications of their decision. Some continue to behave and act as if they still belong to the parties to which they belonged prior to the elections. For example, Makindye East MP Michael Mabikke and Mayor-elect Nasser Sebaggala who contested as independents have continued to purport to be members of the DP. Some UPC leaders have also claimed MPs Omara Atubo, Ben Wacha and Dr Okullo Epak who stood as independents. Similarly NRM leaders seem to regard some of the independent MPs as bona fide NRM members.
Article 83(1) of the Constitution provides that a Member of Parliament “SHALL” vacate his or her seat in Parliament if, among other things, “leaves the political party for which he or she stood as a candidate for election to Parliament to join another party or to remain in Parliament as an independent member” or “having been elected to Parliament as an independent candidate, that person joins a political party.”
Thus a person elected MP on a party ticket cannot retain his seat if he or she defects to another party or becomes an independent. Similarly, a person elected as an independent cannot join a party.
My understanding of Article 83(1) is that if an individual is elected to Parliament or to a local council as an independent, his or her membership to a political party automatically becomes null and void.
Thus all members of UPC, FDC, NRM or DP who contested as independents in the recent elections automatically lost their party membership. This is irrespective of whether their respective parties expelled them or not. And universally an independent MP is defined as member who does not belong to any political party.
Consequently MPs Michael Mabikke, Omara Atubo, Dr Okullo Epak, Ben Wacha, Betty Amongi and others who contested as independents no longer belong to any political party. They would automatically lose their seats if they rejoin their former parties. It is wrong for the NRM to claim that some of the independent MPs are its members. The independents who originally were NRM members would, under Article 83(1), lose their seats if they rejoined the party. In some Parliaments, independents sit by themselves. They neither sit on the government side nor opposition side although they are free to vote with either side – government or the opposition. It is not clear what the sitting arrangement will be for the independents in Parliament.
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