Inside Parliament vs National Council of State debate
Recalling the political events, veteran journalist John Kakande, who covered CA proceedings for New Vision at the time, said: “There were several contentious issues that caused stormy debates in the CA."
The then state minister for constitutional affairs, Sam Njuba, who was supposedly in charge of the Constitution-making process, Dick Odur, the CA delegate for Dokolo County and Simon Mulongo, the CA delegate Bubulo East.
By Annabel Oyera
Journalists @New Vision
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The promulgation of the 1995 Constitution followed almost two decades of political instability and unrest, characterised by violence. Therefore, the country was keen to get a fresh start.
This fresh start came with the Constituent Assembly (CA) and the delegates that tackled sticky issues, including a proposal to set up the National Council of State, which could veto Parliament’s decisions.
Recalling the political events, veteran journalist John Kakande, who covered CA proceedings for New Vision at the time, said: “There were several contentious issues that caused stormy debates in the CA. Noteworthy, the state minister for constitutional affairs, Sam Njuba, who was supposedly in charge of the Constitution-making process, had issues with some of the proposals in the Benjamin Odoki draft Constitution.”
EIGHT WISE MEN
“Njuba specifically slammed a proposal to create a National Council of State, saying it was the work of ‘eight wise men’ and not a proposal recommended by the people of Uganda. The proposed council of state was supposed, among other things, to resolve conflicts or disagreements between the Executive and Parliament. Njuba’s condemnation of the council of state proposal was the last nail in the coffin. It was dropped because many delegates argued it would undermine the Parliament, and yet it would be packed with presidential appointees,” Kakande said.
Indeed, a consortium of delegates, led by Dick Odur, the CA delegate for Dokolo County, pushed through an amendment to replace “National Council of State” with “Parliament.”
Odur was supported by several other delegates, including Dr Ponsiano Mugyenyi (Isingiro North), Dan Michael Ochyeng (Kapelebyong), Aloysius Liga (Buvuma), Dr Jacob Aniku (Madi-Okollo), Dr Kezimbira Muyingo (Bukoto Mid-West) and Winfred Masiko (Women Rukungiri). Jackson Hashaka (Kibale) and Sam Kiwanuka (Busiro North) are the other delegates who rooted for the supremacy of Parliament.
However, during the debate, Haruna Data Sebi (Koboko) stood out, warning that: “The component of a National Council of State is likely to be a contentious issue and I wonder whether it is to debate it at the moment.”
Simon Mulongo (Bubulo East) also suggested that the issue be deferred, saying the assembly should first come to the chapter that dealt specifically with the National Council of State.
He was supported by Dr William Kaberuka (Ndorwa West). However, Gerald Sendaula (Bukoto South) dismissed those objections, noting that delegates should not dwell on nomenclature such as the National Council of State or Parliament, but rather focus on what the proposal intended to cure. In the end, the proposal to create a National Council of State suffered a political stillbirth as delegates rooted for the supremacy of Parliament.
VISION GROUP’S MAGAZINE
To commemorate the 30th anniversary of Uganda’s Constitution promulgation, Vision Group will on October 7 publish a comprehensive magazine that highlights the milestones covered under the 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 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 (NRC) and outlining the code of conduct for the NRA.