Should Nduhuura be minister?

Sep 25, 2001

The issue of cheating in elections has remained topical. This matter ought to be given attention because it is in conflict with good governance and democracy.

With John Kakande The issue of cheating in elections has remained topical. This matter ought to be given attention because it is in conflict with good governance and democracy. In this respect, I think the High Court’s decision, September 18, to nullify election of Richard Nduhuura, the Minister of State for Industry and Igara East MP, was quite significant. Justice Kibuuka Musoke who presided over the High Court in Mbarara ruled that Nduhuura voted twice which is illegal under the Parliamentary Elections Act 2001. The offence carries a prison sentence of not less than five years or a fine of 150 currency notes or both. The nullification was as a result of an election petition by Spencer Patrick Turwomwe, a loser in the Igara East polls. Section 62 of the Parliamentary Elections Act 2001 says an election can be nullified if there was non-compliance with the elections law, which must have affected the results substantially; where the person declared elected was not the winner; where the candidate committed a practice illegal under the electoral law; or where the candidate was not qualified. Section 32 (1) makes it illegal to vote more than once. And section 78 prescribes that any person who votes more than once at an election is liable to imprisonment for a maximum of five years or a fine of sh3m. Is Nduhuura still fit to hold a ministerial post or any other public office in light of the High Court’s ruling? I think he should step down because he has been disgraced,. although he has not been convicted for a criminal offence. The issue now is the minister’s integrity. I would like to know the stand of Miria Matembe, the Minister of State for Ethics and Integrity on this matter. Is voting more than once not a strong enough ground for a parliamentary censure? Mr Othieno Akika was ordered last year to resign as minister of state when he allegedly assaulted a policeman and was dragged to court. Although the matter was settled out of court, Akika was never reinstated. The NRM government in the past emphasised what was described as ‘clean leadership’. In this respect persons who served in the Idi Amin’s notorious State Research Bureau (SRB) and Obote’s National Security Agency (NASA) were banned by law from assuming political leadership. Equally persons convicted of offences of moral turpitude were banned from contesting for LC positions. Mr. Revicato Muwanga Kamagu, currently a Deputy Resident Commissioner in Sembabule, lost his post as Rakai LC 5 chairperson after it was established that, prior to his election, he had been tried and convicted of an offence of moral turpitude. Col. Kahinda Otafiire and Dr Joram Ajeani were forced to resign from their ministerial posts for similar transgressions. Candidates who cheat in elections should not only be jailed, but should be banned from contesting in elections for as long as 10 years. This is one of the measures necessary to stamp out elections rigging and fraud. ends

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