‘CJ shouldn’t preside over Parliament’

Feb 09, 2009

MEMBERS of the Commonwealth Parliamentary Association have criticised the provision in the Uganda Constitution, which gives the chief justice powers to preside over the election of the Speaker of Parliament.

By Susan Nimusiima, Josephine Maseruka
and Paul Kiwuuwa


MEMBERS of the Commonwealth Parliamentary Association have criticised the provision in the Uganda Constitution, which gives the chief justice powers to preside over the election of the Speaker of Parliament.

The MPs said this compromised the independence of Parliament.
The MPs were attending the association’s bi-annual conference at Speke Resort Munyonyo last week.

“The chief justice presiding over the election of the speaker is not in line with separation of powers,” said Samuel Njoroge, the second assistant clerk to the Kenyan parliament.

Officials from other countries seemed to agree with him as they questioned the powers of the chief justice to adjourn the House where need arises and his impartiality in judging a case where members are dissatisfied with the process of electing the speaker.

“In case there is chaos in the House during the election of the speaker, does the chief justice have the powers to adjourn the House?” asked Matthew Mukelabai, a research officer from Zambia.

However, the clerk to parliament, Aeneas Tandekwire, defended the provision, saying as much as the powers had to be separated, they compliment each other.

“The policy of separation of powers is not absolute. The executive, judiciary and legislature complement each other,” he said.
The director of clerks to the Uganda Parliament, Emmanuel Bakwenga, said if a member challenged the election of the speaker, he or she had means to seek redress.

“If two thirds of the house rally behind the discontented member, the speaker will have to lose his seat,” Bakwenga said.

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