Inside the age limit debate in the constituent assembly

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In their report, the Justice Benjamin Odoki-led Uganda Constitution Commission (UCC) recommended that a presidential candidate should be at least 40 years old. The commission reasoned that by this age, an individual would have attained maturity, experience and sufficient exposure to handle the heavy responsibilities of leading a nation.

What started as a simple recommendation quickly turned into the most passionate debate of the Constitution-making process, with delegates torn between trusting the wisdom of the people and setting clear guidelines for the highest office in the land.

“A person is not qualified for election as President unless he is a citizen of Uganda by birth, 40 years of age or above and qualified to be a Member of Parliament (MP),” Justice Joseph Mulenga said.

He added: “While this may exclude a few exceptional young leaders, 40 is a fair provision to cover the average leader.”

But the youth delegates were not convinced.

“This recommendation is very unfair and sectarian. It limits young men and women to grassroots politics, yet we, too, are men and women of substance, innovative and dynamic. We are tired of being used as tools by old politicians,” Muhammad Chepsikor, the youth delegate for the eastern region, said.

Chepsikor proposed that the age limit should be lowered from 40 to 25 years. His motion was seconded by Mesusera Kabugo, the Nakaseke County delegate.

However, Rhoda Kalema, the Kiboga East delegate, rose to challenge the motion, saying: “Is the Hon. Member holding the floor in order to confuse this House that age is a sect? Is it a sectarian matter if one is below 40? Is it a matter of a sect or is it just a group?”

Ambrose Atwoki, the other youth delegate for the western region, also contested, rooting for a fair balance.

“I believe that age does not qualify somebody into a class of being capable or incapable. I believe that our priorities should be to look at the capability of the person. I believe that it is important for us not to be seen to move a very radical amendment. I was trying to seek the permission of the mover to allow me to amend — to move an amendment to the amendment — and say that we put the age of the president at 35 years,” he said.

Delegates almost automatically endorsed Atwoki’s suggestion of 35 years.

MAYOMBO STOKES FIRE

However, when the National Resistance Army (NRA) delegate, Brig. Gen. Noble Mayombo stood to speak, he introduced a new twist to the age limit question — the upper limit.

“I would hasten to support the motion that the age of 35 as proposed by my friend Atwoki is a fair age, a fair judgement, bearing in mind our life expectancy in Africa and in Uganda in particular and bearing in mind the fact that the ultimate decision-maker is the people having seen the different programmes that candidates put up. But I would like to move an amendment if the movers accept, to re-read that it should be not less than 35 years of age and not more than 75. This is fair, bearing in mind our life expectancy and the demanding nature of the presidency,” Mayombo said.

His suggestion opened a battle of ideas on the presidential age limit. Igara West delegate Prof. Tarsis Kabwegyere argued:

“In this century alone, life expectancy has been going up. We are talking of a future, where Uganda may have citizens who will be very competent even when they are over 75 years of age. Let us put the lower limit, but leave the upper limit open to the population who may judge who is senile or not.”

Kabwegyere added: “We are talking, therefore, of a future where Uganda may have citizens who will be very competent and still able, in the eyes of the population, to lead them even when they are over 75 years of age. For me, I would advise Honourable Mayombo that let us put the lower limit other than the upper limit.”

Kassanda South delegate Dr John Kabayo and Rushenyi County delegate Mwesigwa Rukutana agreed with Kabwegyere that voters should determine who leads them — and not the Constitution.

“We should not be deprived of these genius or extraordinary leaders. You can find a genius at 85 who convinces Ugandans to elect him as President. Likewise, it takes a genius for somebody of 18 to convince the populace. Why should Uganda be deprived of such genius leadership?” Rukutana argued.

Ndorwa West delegate Dr William Kaberuka seconded Rukutana’s proposal, saying: “I am just wondering, if the President will be voted for by the people of Uganda, why do we not leave the question of age to them? Because if 17 million people feel that a 10-year-old can lead them, let them do that. Why do we not leave them the choice?”

BESIGYE’S TAKE

On his part, Col. Dr Kizza Besigye, then an NRA delegate, went further, tying the issue to democracy itself.

“The principle of democracy ought to be looked at very closely. We have said that power belongs to the people. We can only act on their behalf when they are not around and to that extent, we can represent them and take decisions.

But we have already taken a decision that the President will be directly elected by everybody. In other words, the decision of who will become a President is no longer in our hands, but they are going to handle it themselves directly,” he said.

He added: “Therefore, I think it will be unfair of us, having taken that fundamental decision that this will be a direct one man to one man decision of the people of Uganda, to now limit them as if they cannot take a decision themselves at that stage.”

And Kennedy Sebalu, the youth delegate for the central region, reminded delegates that Uganda’s 1981–1986 Luwero bush war revolution was led by young men under 40 years.

“Qualities and abilities are not synonymous with age. We must open the door to all possible talents. Let us look for ability, not age,” he said.

However, former prime minister Prof. Apollo Nsibambi, a presidential nominee delegate, issued a stern warning: “Uganda lacks strong institutions and a strong civil society.

In our circumstances, it is the leader who shapes institutions. We cannot gamble with this country. Age is critical because it comes with experience, tolerance and maturity. We must have guidelines.”

In the end, after weighing the arguments for and against, the CA voted to adopt a compromise and Article 102(b) of the Constitution was enacted.

In 2017, Article 102(b) was amended to remove both the lower and upper presidential age limits.

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 transit 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 National Resistance Movement government, vesting legislative powers in the National Resistance Council and outlining the code of conduct for the NRA.

The Constituent Assembly, 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.