Midweek opinion with John Kakande
Some MPs led by Tom Kayongo (Lubaga North) last week raised dust, asking the Attorney General, Francis Ayume, to explain whether it was lawful for the Mukono LC 5 chairperson, Joseph Wasswa Kanakulya Banga, to continue holding office after the court nullified his election.

Subsequently, Parliament adopted a report of the Committee on Local Government and Public Service, recommending that the law be quickly amended to stop the likes of Banga from holding on to offices.

The matter raised by the MPs was not simply legal but also ethical. Unfortunately, they lacked the moral authority to question Bangaâ€™s continued stay office. A number of MPs who lost the election petitions in the High Court continue to sit in Parliament. Reason? The Parliamentary Elections Act allows MPs who lose election petitions to continue holding on to their seats pending the disposal of their appeals. This law was enacted by the sixth Parliament and exclusively applies to MPs. In criminal law, when a suspect is convicted, he or she is locked up immediately to serve his or her sentence. Thus Bukoto West MP Mulindwa Birimumaaso was whisked off to prison on conviction. When a public servant is facing criminal charges, he or she is interdicted.

No MP has questioned the law that allows members to sit in the House after losing election petitions. No MP has ever proposed an amendment to the electoral law to ban them from contesting again, the parliamentarians who lose seats due to electoral fraud. Butebo MP Dr Steven Mallinga, bribed voters and lost his seat only to bounce back via a by-election.

Kalungu West MP Anthony Yiga, a former Chief Administrative Officer of Rakai, was named in the IGGâ€™s report as one of the people from the Electoral Commission who should be prosecuted for causing financial loss to government. While MPs were agitating for the sacking of Aziz Kasujja and his team, they have conspicuously remained tight-lipped on Yiga who stands accused of a serious criminal offense.

No MP has questioned the morality or legality of Ministers continuing to hold ministerial office and conducting official business after High Court has nullified their election over malpractice. Court nullified election of the Minister of State for Trade Dr Richard Nduhuura, for electoral fraud. Nduhuura continued to hold office until he was re-elected.

Defence Minister Amama Mbabazi continues to conduct official work although Court nullified his election.
MPs should not hide behind legalities. The law was deliberately made to the advantage of the MPs. They consequently lost the moral authority to question the likes of Banga. The law must treat all equally. It is unethical for MPs to make a law that gives them a â€˜special statusâ€™. The law must set one standard for all political leaders.
Ends

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