What CA delegates said about composition of Parliament

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During the constitution-making process, the composition of Parliament stirred some controversy. Some of the 284 delegates struggled with how all Ugandans, from different regions, gender, and special interest groups, would have their voices heard in Parliament. Others altogether rejected the idea of special interest groups, arguing that it will open a window for half-backed MPs to join the House.

However, after months of a stormy debate, the Constituent Assembly (CA) adopted a compromise that would be enshrined in Article 78(1) of the 1995 Constitution.

It stipulated that Uganda’s Parliament shall consist of members directly elected to represent constituencies, one woman representative for every district, representatives of the army, youth, workers, persons with disabilities and other groups as Parliament may determine; and the vice-president and ministers, who, if not already elected MPs, shall be ex-officio members without the right to vote.

The Constitution further required that after 10 years, and every five years thereafter, Parliament should review this arrangement with powers to retain, expand or abolish the special seats.

Over time, the special interest window to Parliament has been expanded to include representatives of older persons. However, how CA delegates debated the composition of Parliament left a few political bruises.

“We are not asking for charity. We are asking for justice. If we leave women to fight on the same ground as men today, they will continue to be silenced,” said Dr Miria Matembe, the Mbarara district delegate.

Her position was echoed by others who argued that without reserved seats, women’s participation would remain symbolic.

But not everyone agreed. Masaka municipality delegate John Kawanga warned that the system would produce “second-class legislators”. He argued that competence, not gender should determine who represents the people.

“If women can serve, let them compete like the rest of us,” he said.

From women, the debate moved to other special interest groups, such as youth and people with disabilities.

The youth question also stirred emotion, with some delegates arguing that they should not ignore the largest demographic.

“A Parliament without the young is a Parliament without the future. We must allow the voice of the youth to be heard where decisions are made,” Rujumbura county delegate, Charles Rwomushana, one of the youngest people in the assembly, said. Sceptics, however, questioned whether youth had the maturity to legislate.

Koboko County delegate, Francis Ayume, who later became Speaker of Parliament, warned that overloading Parliament with categories risked turning it into “a circus of special interests”.

Then, for the first time in Uganda’s history, people with disabilities were considered for parliamentary representation, with the Iganga delegate, James Mwandha, championing the cause with passion.

“When we deny the disabled a place in Parliament, we are saying to the blind man, the crippled woman, that they are not part of Uganda. We belong here like everyone else,” he said, his words striking a chord across the assembly.

The provision was adopted almost unanimously, making Uganda one of the few countries in Africa to guarantee parliamentary seats for persons with disabilities.

By the close of debate, the chamber was weary but resolute. Nakawa delegate, Jaberi Bidandi Ssali, captured the spirit of compromise: “This Parliament must be broad-based. No voice should feel left behind in the house of the people.”

The final text of Article 78 (1) reflected that vision — a Parliament combining universal suffrage with affirmative action. It was a balancing act: directly elected MPs for the majority, but also reserved seats to ensure that women, youth, workers, the disabled and the army had a voice.

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.

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 Constitution.

VISION GROUP 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.