Why CA delegates refused to grant president power to borrow money

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To grant the president power to borrow money without consulting Parliament was one of the sticky debates that shaped the first days of the Constituent Assembly (CA).

Some delegates wanted the president to be given express power to borrow money in emergency situations.

Others, such as Dr William Kaberuka (Ndorwa County West delegate), proposed that the president be allowed to borrow, guarantee or raise a loan on behalf of the Government, public institutions or authorities, provided that Parliament is informed for ratification within 30 days if it is sitting or within 30 days after Parliament reconvenes if it is not in session.

Kaberuka said the amendment was intended to provide the executive with flexibility to respond quickly to emergencies while still maintaining accountability to Parliament.

He argued that urgent financial needs should not be delayed by procedural hurdles. However, the recommendation met resistance from several delegates.

National Resistance Army (NRA) delegate Gen. David Tinyefuza, also known as Sejusa, questioned the necessity of granting the president borrowing powers that were already entrusted to Parliament.

“The assembly has already empowered Parliament as the supreme law-making body, which should authorise borrowing on behalf of the people,” he said.

Tinyefuza warned that granting the president express powers to borrow money without the authority of Parliament would upset the constitutional balance of power doctrine between the Executive and Legislature.

The debate highlighted the assembly’s ongoing struggle to balance the need for swift executive action in emergencies with the constitutional mandate to preserve parliamentary oversight.

During debate, delegates weighed the risks of granting the president emergency borrowing powers against the necessity of protecting citizens’ interests and maintaining democratic checks and balances.

Rubabo County delegate Lt. Gen. Henry Tumukunde reminded delegates that parliamentary authority was crucial to upholding the principles of transparency, responsibility and public trust in Uganda’s emerging constitutional framework.

At the end of the debate, the proposal to give the president express power to borrow was dropped in favour of strict parliamentary approve of any loan that Government seeks to get.