How CA handled vice-president, prime minister power clash

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The 1995 Constitution created what experts call a quasi-parliamentary system. It gave Uganda a strong President, but with a cabinet and a Judiciary to share power. The preamble spoke of building a nation on principles of unity, peace, equality, democracy, social justice and progress.

However, behind the signing of that document was a long and heated struggle inside the Constituent Assembly over how to balance these checks and balances.

One of the most delicate battles was over how to define the powers of the prime minister and the vice-president.

Delegates had to answer tough questions. Should the vice-president be a powerful deputy to the President, or simply a ceremonial figure? Should the prime minister be an independent leader of government business or just another minister?

Above all, delegates had to grapple with this question: How could Uganda avoid a clash of powers that might destabilise the young democracy?

The assembly was meeting after decades of political instability. The 1967 Constitution had concentrated nearly all power in the hands of the President, leaving Parliament and other institutions weak. The CA delegates wanted to avoid a repeat of that history.

Mbarara district delegate Dr Miria Matembe said: “We must make the office of the vice-president clear. If we do not, in the event the President is unable to serve, we may face confusion. The vice-president must deputise, but the limits must be written so that he or she does not clash with the prime minister.”

Others agreed that the vice-president should be the constitutional deputy to the President, stepping in when the head of state was absent, sick or removed from office. But they were careful not to give the vice-president too much independent power.

ANOTHER PRESIDENT

The Mawogola county delegate, Sam Kutesa said: “The vice-president must not become another President. The office should remain firmly under the authority of the head of state. Let us avoid creating a rival to the President.”

On the power of the prime minister, Prof. Apolo Nsibambi, who later became one, argued that Uganda needed a strong prime minister so as to keep government ministries in order.

“The prime minister must be the co-ordinator. Without such a role, government will be chaotic. Ministries will go in different directions. The prime minister must ensure that cabinet decisions are carried out and that government business runs smoothly in Parliament.”

However, other delegates such as Prof. Dan Wadada Nabudere, issued a warning.

“Let us not create a ‘shadow president’. If the prime minister is too powerful or answers to Parliament instead of the President, we shall have two centres of power. That would bring instability,” Nabudere said.

To balance the power clash between the prime minister and vice-president, Dr Musekura Ndaruhutse, told the assembly that all the bearers of these offices should be subordinate to the President, but their appointments must be strictly approved by Parliament through an open vetting system.

This process, Ndaruhutse argued, showed that the CA was not relying on the prime minister or vice-president to check the President; instead, Parliament itself was designed as the main counterweight to executive power.

This argument guided the assembly to a compromise, and delegates managed to strike a balance. The vice-president became the President’s deputy, serving at his pleasure and stepping in only when necessary.

On the other hand, the prime minister became the co-ordinator of government business and the bridge between Parliament and the Executive.

Both were important, but both remained subordinate to the President. This position delegates argued tried to balance power, prevented rivalry and created space for unity and progress.

CONSTITUTIONAL RULE

When the National Resistance Army (NRA) overran Kampala under the leadership of President Yoweri Museveni, the journey to transition to constitutional rule started almost immediately with the issuance of Legal Notice No. 1 of 1986.

The legal notice established the legal framework for the NRM Government, vesting legislative powers in the National Resistance Council and outlining the code of conduct for the NRA.

The CA, which comprised representatives elected by the people under the chairmanship of James Wapakhabulo on September 22, 1995, promulgated the Constitution, effectively replacing the one of 1967.

In the run-up to October 8, New Vision will publish stories that showcase the country’s progress under the 1995 Constitution.

VISION GROUP MAGAZINE

To commemorate the 30th anniversary of Uganda’s Constitution promulgation, Vision Group will publish a comprehensive magazine that highlights the milestones covered under the 1995 Constitution.