Should political parties register?
Jan 14, 2003
It is now official. On January 18, 2003, Uganda will officially have no political parties, if none of them is registered by then
It is now official. On January 18, 2003, Uganda will officially have no political parties, if none of them is registered by then, writes Joshua Kato.
Attorney General, Francis Ayume points out that parties were supposed to register according to the requirements of the Political Parties and Organisations Act (PPOA) passed in May 2002 but came into force on July 17, 2002.
“Article 73 of the Constitution says that parties may exist subject to certain regulations. If they do not register, they will cease to exist by January 17, 2003, it is up to them,†says Ayume. He said that if parties continue transacting their business after January 17 2003, they will be doing so illegally.
The Bill was turned into an Act when it was passed in Parliament on May 9, 2002. President Museveni accepted it on June 2, 2002. The law mandates all political parties in Uganda, including the old ones, to register again. It intends to regulate their functioning, including their sources of finance and their level of operation.
Supporters of political parties have opposed the law and point out that it violates their rights to freedom of association and creates a one-party state called the Movement in Uganda
“We are opposed to certain provisions of the PPOA, that make it difficult for parties to operate freely,†James Rwanyarare, the Uganda Peoples Congress (UPC) strongman says. He vowed that UPC will not register.
“We want to make it categorically clear that Democratic Party (DP) cannot register under a law that it is challenging in court,†Jude Mbabali, the publicity secretary of DP says.
But pundits think that although the Act is largely hostile to the operations of political parties, it gives them a new lease of life. For example, if the parties had been registered, they would have been allowed to hold national conferences within six months of registering.
“This is one part parties should have looked forward to,†says Paul Okello of Makerere University. He points out that if they had done this, they would have been able to turn the conferences into delegates meetings, and change their leadership, which they have not done for many years.
Perhaps this is why James Mudde, a former Presidential aspirant has decided to register his little known political party, Uganda United Party (UUP).
“I intend to register my party because I know that the only way to fight is to do so from within,†says Mudde.
Section 13 of the Act warrants internal democracy within parties, since it calls for the election of leaders within six months. During the early days, after passing the law, some multi-partyists admitted that it actually had some useful clauses, but that it was generally a bad law. DP’s Michael Mabikke observed,
“This is a bad law, alright, but we badly need to change the leadership of our parties. Since it allows us to have a national conference, we can turn it into a delegates conference and hold elections,â€
But Chapaa Karuhanga, a former presidential candidate and the leader of the National Democratic Front (NDF), dismisses the law outright.
“If being a party is denying us freedom, then maybe this is the time for parties to unite and form a ‘movement’. Since the Movement is not a party as they say, it will not be required to register,†he says.
Hajji Hussein Kyanjo of the Justice Forum (JEEMA), is fully braced for whatever befalls the party. The Constitution does not tell when new parties should stop registering. In fact, it is very silent on this issue,†he says.
Like his colleague, Ken Lukyamuzi of the Conservative Party (CP) has vowed not to register his party.
“Why should we register again? he asks. “Parties were represented in the Constituent Assembly (CA) and are thus recognised as existent,†he observes.
However, while a section of DP did not want to register the party, another section led by Francis Bwengye has not yet made a decision. Zachary Olum, a member of the Bwengye faction of DP, says that to reach a decision, they should first consult their members.
“I don’t think it is proper for a small group of members to reach a decision for us. We shall have a final decision after consulting our members at the grassroots,†he says.
Lawyer Erias Lukwago, who is representing the parties in the Constitutional Court case, says that parties cannot register and accept a law whose intentions is to destroy them.
“You cannot bring a law saying that everyone should be Catholic or a Protestant. Parties are inherent and cannot be implied by law,†he says as he quotes section 20 of the 1995 Constitution.
Fellow Constitutional Lawyer Oboth Okumu agrees.
“The question of whether political parties are operating illegally will only be answered after the court ruling. The court is supposed to make a pronouncement as to whether the Act is constitutional or not. Whether it has the force of the law or not,†he says.
Section 6 of the Act bars parties based on ethnicity and sectarian tendencies. It calls for parties with a national character. However, multiparty activists point out that by regulating them to operate only around Kampala, they cannot be national as the law says.
“In the first place, the law limits our operations to Kampala. How then can we be parties with a national character, if we are not allowed to operate at districts, sub-counties and village levels? asks Lukyamuzi.
According to Frank Asimwe, the vice-chairman of the Uganda Young Movementists (UYM), this is an opportunity for the youth to take over governance of the old parties. “As youth members of these parties, you can register and take over the parties, if your older leaders have failed to,†he says.
Indeed, according to the Act, any person is free to register a party. For the old parties, they are required to present their old memorandum. But after January 17, this will not be necessary, since they will have ceased to exist.
“It is true that one can register DP or any other party as a new party after January 17,†lawyer Lukwago says.
Katenta Luutu, the Resident District Commissioner (RDC) Kiboga and a strong Movement voice, points out that by sulking, parties will gain nothing.
“DP has been sulking most of the time. They boycotted parliamentary elections in 1996, they walked out of the Constituency Assembly, they sulk about everything and that is why they will never go anywhere,†he charges.
If the parties do not register, they will cease to exist.
However, multiparty agitators are sure that parties cannot and will never be effectively banned.
“In 1969, a UPC delegates conference banned the other parties and declared Uganda a one-party state, but did DP die?†asks Damiano Lubega of the DP.
“Did UPC cease to exist when it was banned by Amin in the 1970s? he asks.
“No.
DP is in our hearts. DP egumire (It is as hard as a stone), DP can never die,†shouted another DP supporter, his fist raised high to show the party symbol.
“UPC na Obote Nyamurunga (UPC and Obote are like a beautiful bird). It will always be loved,†shouted a UPC supporter. His voice quavering with emotions. A shaking palm raised high.
“Government is clearly in a fix,†says lawyer Sam Musoke.
“The fact that parties have been allowed a forum however small it is, has been good for the Movement. But if they ban the parties by enforcing this law, all this cover will be blown away,†he says.
Attorney General, Francis Ayume points out that parties were supposed to register according to the requirements of the Political Parties and Organisations Act (PPOA) passed in May 2002 but came into force on July 17, 2002.
“Article 73 of the Constitution says that parties may exist subject to certain regulations. If they do not register, they will cease to exist by January 17, 2003, it is up to them,†says Ayume. He said that if parties continue transacting their business after January 17 2003, they will be doing so illegally.
The Bill was turned into an Act when it was passed in Parliament on May 9, 2002. President Museveni accepted it on June 2, 2002. The law mandates all political parties in Uganda, including the old ones, to register again. It intends to regulate their functioning, including their sources of finance and their level of operation.
Supporters of political parties have opposed the law and point out that it violates their rights to freedom of association and creates a one-party state called the Movement in Uganda
“We are opposed to certain provisions of the PPOA, that make it difficult for parties to operate freely,†James Rwanyarare, the Uganda Peoples Congress (UPC) strongman says. He vowed that UPC will not register.
“We want to make it categorically clear that Democratic Party (DP) cannot register under a law that it is challenging in court,†Jude Mbabali, the publicity secretary of DP says.
But pundits think that although the Act is largely hostile to the operations of political parties, it gives them a new lease of life. For example, if the parties had been registered, they would have been allowed to hold national conferences within six months of registering.
“This is one part parties should have looked forward to,†says Paul Okello of Makerere University. He points out that if they had done this, they would have been able to turn the conferences into delegates meetings, and change their leadership, which they have not done for many years.
Perhaps this is why James Mudde, a former Presidential aspirant has decided to register his little known political party, Uganda United Party (UUP).
“I intend to register my party because I know that the only way to fight is to do so from within,†says Mudde.
Section 13 of the Act warrants internal democracy within parties, since it calls for the election of leaders within six months. During the early days, after passing the law, some multi-partyists admitted that it actually had some useful clauses, but that it was generally a bad law. DP’s Michael Mabikke observed,
“This is a bad law, alright, but we badly need to change the leadership of our parties. Since it allows us to have a national conference, we can turn it into a delegates conference and hold elections,â€
But Chapaa Karuhanga, a former presidential candidate and the leader of the National Democratic Front (NDF), dismisses the law outright.
“If being a party is denying us freedom, then maybe this is the time for parties to unite and form a ‘movement’. Since the Movement is not a party as they say, it will not be required to register,†he says.
Hajji Hussein Kyanjo of the Justice Forum (JEEMA), is fully braced for whatever befalls the party. The Constitution does not tell when new parties should stop registering. In fact, it is very silent on this issue,†he says.
Like his colleague, Ken Lukyamuzi of the Conservative Party (CP) has vowed not to register his party.
“Why should we register again? he asks. “Parties were represented in the Constituent Assembly (CA) and are thus recognised as existent,†he observes.
However, while a section of DP did not want to register the party, another section led by Francis Bwengye has not yet made a decision. Zachary Olum, a member of the Bwengye faction of DP, says that to reach a decision, they should first consult their members.
“I don’t think it is proper for a small group of members to reach a decision for us. We shall have a final decision after consulting our members at the grassroots,†he says.
Lawyer Erias Lukwago, who is representing the parties in the Constitutional Court case, says that parties cannot register and accept a law whose intentions is to destroy them.
“You cannot bring a law saying that everyone should be Catholic or a Protestant. Parties are inherent and cannot be implied by law,†he says as he quotes section 20 of the 1995 Constitution.
Fellow Constitutional Lawyer Oboth Okumu agrees.
“The question of whether political parties are operating illegally will only be answered after the court ruling. The court is supposed to make a pronouncement as to whether the Act is constitutional or not. Whether it has the force of the law or not,†he says.
Section 6 of the Act bars parties based on ethnicity and sectarian tendencies. It calls for parties with a national character. However, multiparty activists point out that by regulating them to operate only around Kampala, they cannot be national as the law says.
“In the first place, the law limits our operations to Kampala. How then can we be parties with a national character, if we are not allowed to operate at districts, sub-counties and village levels? asks Lukyamuzi.
According to Frank Asimwe, the vice-chairman of the Uganda Young Movementists (UYM), this is an opportunity for the youth to take over governance of the old parties. “As youth members of these parties, you can register and take over the parties, if your older leaders have failed to,†he says.
Indeed, according to the Act, any person is free to register a party. For the old parties, they are required to present their old memorandum. But after January 17, this will not be necessary, since they will have ceased to exist.
“It is true that one can register DP or any other party as a new party after January 17,†lawyer Lukwago says.
Katenta Luutu, the Resident District Commissioner (RDC) Kiboga and a strong Movement voice, points out that by sulking, parties will gain nothing.
“DP has been sulking most of the time. They boycotted parliamentary elections in 1996, they walked out of the Constituency Assembly, they sulk about everything and that is why they will never go anywhere,†he charges.
If the parties do not register, they will cease to exist.
However, multiparty agitators are sure that parties cannot and will never be effectively banned.
“In 1969, a UPC delegates conference banned the other parties and declared Uganda a one-party state, but did DP die?†asks Damiano Lubega of the DP.
“Did UPC cease to exist when it was banned by Amin in the 1970s? he asks.
“No.
DP is in our hearts. DP egumire (It is as hard as a stone), DP can never die,†shouted another DP supporter, his fist raised high to show the party symbol.
“UPC na Obote Nyamurunga (UPC and Obote are like a beautiful bird). It will always be loved,†shouted a UPC supporter. His voice quavering with emotions. A shaking palm raised high.
“Government is clearly in a fix,†says lawyer Sam Musoke.
“The fact that parties have been allowed a forum however small it is, has been good for the Movement. But if they ban the parties by enforcing this law, all this cover will be blown away,†he says.