How delegates fought for powers of Parliament’s committees

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When Uganda adopted the 1995 Constitution, it was not just another legal document. It was the outcome of long debates, deep reflection and the collective dream of Ugandans to build a new democratic order after decades of turmoil.

Among the many innovations that the Constituent Assembly (CA) introduced were parliamentary committees, which delegates said will act as powerful engines to strengthen oversight, accountability and the legislative process.

One of the key questions before them was: How should Parliament exercise its authority in practice?

The memory of past regimes weighed heavily on the delegates. Delegates argued that Uganda had suffered years of unchecked executive power, misuse of public resources and the absence of effective scrutiny.

At the end of the debate, delegates agreed that simply having a Parliament was not enough; it needed committees that could go deep into issues, investigate government action, and protect citizens from abuse.

For instance, Prof. Yash Tandon, a prominent intellectual voice in the assembly, argued that oversight must be practical, not symbolic.

“Parliament must not be reduced to clapping hands for the Executive. Its committees should be able to follow government ministries step by step, and question how public money is spent,” Tandon said.

Lira municipality delegate, Cecilia Ogwal, was the other strong voice for accountability. She argued that without strong committees, ordinary Ugandans would continue to suffer.

“We cannot allow mistakes of the past to repeat themselves. Committees must ensure that the people’s money works for the people, not for a few in government,” she said.

Ogwal added, “This Constitution will not protect us if Parliament sleeps. Committees are the eyes and ears of the people. Let us give them the power to see and to hear clearly.”

Delegates also spent considerable time discussing whether committees should have powers akin to the High Court when it comes to summoning ministers, civil servants and private sector players that have “collided” with public funds.

Rooting for special powers of parliamentary committees, Busujju delegate, Abu Mayanja, said: “A committee without powers is like a doctor without medicine. It may diagnose problems, but it cannot treat them.”

On his part, Prof. Dan Nabudere said: “Committees are the workshops of democracy. Here, citizens can be heard, technical details can be clarified and the real meaning of legislation can be understood before it is passed.”

Nabudere’s submission swayed Prof. Ephraim Kamuntu, who stressed the link between development and accountability.

“Uganda cannot develop if we do not follow how each coin is spent. The public accounts committee and others like it are the sentinels of our democracy,” Kamuntu said, noting that accountability committees should be given a wide latitude to scrutinise government accounts, demand explanations from officials and report directly to Parliament.

However, some delegates such as Steven Chebrot, argued that government had grown complex, adding that scrutiny of accountability issues in sectors such as health, education and defence, among others, required technical expertise and not “mere” MPs.

“We cannot expect all Members of Parliament to understand the details of every ministry,” Chebrot said.

When he was challenged, Chebrot opted for what he described as “specialised” committees. “Specialised committees will ensure that no sector escapes scrutiny, and that policies are sound before they reach the people,” he said.

James Wapakhabulo, who chaired the assembly, also noted that: “Committees are advisory to Parliament. They will do the detailed work, but the sovereign authority of passing laws remains with the whole House.”

This balance between detailed scrutiny and plenary supremacy became a cornerstone of the final arrangement, with the assembly giving Parliament’s committees powers to summon witnesses, demand documents, and carry out investigations on behalf of the whole Parliament under Article 90 of the 1995 Constitution.

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 issuing 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 on September 22, 1995, promulgated the Constitution, effectively replacing the one of 1967.

In the run-up to October 7, New Vision will publish stories that showcase the country’s progress under the Constitution.

VISION GROUP MAGAZINE

To mark the 30th anniversary of the promulgation of the 1995 Constitution, Vision Group will on October 7 publish a comprehensive magazine that highlights the milestones covered under the Constitution.