Museveni disputes referendum
Jun 27, 2004
PRESIDENT Yoweri Museveni yesterday blasted the Constitutional Court for ruling that the 2000 referendum on political systems was invalid and the Movement political system had ceased to exist.
By Felix Osike and S. Candia
PRESIDENT Yoweri Museveni yesterday blasted the Constitutional Court for ruling that the 2000 referendum on political systems was invalid and the Movement political system had ceased to exist.
In a 40-minute televised address to the nation at 7:30pm, Museveni said the ruling was an attempt to usurp the power of the people and was “totally unacceptable.â€
The tough-talking Museveni who occasionally joked and spoke in Luganda, accused the judges of usurping the people’s power and taking them for a ride.
“If we are to go by the ruling, It will land the country in a lot of problems. It reveals an absurdity and doesn’t make much sense,†Museveni said.
“For someone to say the people of Uganda had no right to choose their destiny, you are getting out of your depth. You are going too far to a no-go area. Those joking can play on other areas but not this one,†he said in reference to the June 29, 2000 referendum.
He said, “If the people do not have the power, then who are you the judges? You’re even less qualified.â€
Museveni was reacting to the Friday court ruling, which nullified the Referendum Act 2000 and the referendum in which Ugandans voted to retain the Movement system.
The court said Ugandans did not choose a political system because the process of enacting the law was flawed. The petition was filed by DP chief Paul Ssemogerere, and Nwoya MP Zachary Olum. The judges included G.M. Okello, Mpagi Bahigeine, S.G. Engwau, A. Twinomujuni and C.N.B. Kitumba.
The lead judgement read by Twinomujuni said, “With this holding that no political system was ever put in place and that Article 271 was never complied with, the holding of the referendum under Article 74 no longer arises. It would be unconstitutional to use a single penny of the tax payers money to change something that has no physical or legal existence.â€
But Museveni said, “We are going to sort out these issues. I will count on the support of Parliament and the population. We shall bring you some issues to decide on. Once the people have spoken in a referendum, nobody on earth can question it except God.â€
He said the implication of the ruling was that the Movement system does not exist, the 2001 presidential, parliamentary and local council elections were null and void and had no binding power and that all the activities taken by government were null and of no consequence.
“The court ruled that the article is dead (laughs). How did the article die?†he asked. The article is not dead, the people of Uganda are not dead and the Movement system is not dead,†he said.
Museveni downplayed DP chief Paul Ssemogerere’s excitement shortly after the ruling, saying he had resorted to court manoeuvres.
State House sources said the address was timed not to coincide with the ongoing Euro 2004 football tournament, which usually kicks off at 9:45pm.
Quoting from the 1995 Constitution, Museveni said the courts derive their authority from the people and should administer justice in conformity with the norms, values and aspirations of the people.
“The same court has ruled that the opinions of millions of people do not matter and that the referendum is not valid. This does not work,†he said, adding that he was deeply worried by the court’s “irrational decision.â€
“It means the court has usurped the power of the people and the power of Parliament to amend laws. The Government and the NRM will not allow any authority including the courts to usurp the powers of the people. For now, the Government lawyers are studying the ruling and shall take appropriate legal redress,†he said.
He said despite the court ruling, the Government would go ahead with the planned referendum on the change of the political system following a decision by the Movement’s top organs to open up the political space.
Museveni said the court ruling implied that the country was in a state of anarchy, but hastened to add that that was not true. “There is no big problem. The days of anarchy ended when the NRM took over government. And that is why the judges can make a ruling against the government. In previous regimes, no judge could make a ruling against the Government and live to see another day,†he said.
“I assure the country, especially those upcountry that there is no problem. The courts are making mistakes but these will be sorted out politically, legally and legislatively through constitutional amendments.â€
He said the Government would soon introduce amendments to the Constitution to ensure separation of state powers.
“We are now being alerted repeatedly by people who do not respect the aspirations of the people of Uganda and think that they do not matter. The Movement says the people matter,†he said.
PRESIDENT Yoweri Museveni yesterday blasted the Constitutional Court for ruling that the 2000 referendum on political systems was invalid and the Movement political system had ceased to exist.
In a 40-minute televised address to the nation at 7:30pm, Museveni said the ruling was an attempt to usurp the power of the people and was “totally unacceptable.â€
The tough-talking Museveni who occasionally joked and spoke in Luganda, accused the judges of usurping the people’s power and taking them for a ride.
“If we are to go by the ruling, It will land the country in a lot of problems. It reveals an absurdity and doesn’t make much sense,†Museveni said.
“For someone to say the people of Uganda had no right to choose their destiny, you are getting out of your depth. You are going too far to a no-go area. Those joking can play on other areas but not this one,†he said in reference to the June 29, 2000 referendum.
He said, “If the people do not have the power, then who are you the judges? You’re even less qualified.â€
Museveni was reacting to the Friday court ruling, which nullified the Referendum Act 2000 and the referendum in which Ugandans voted to retain the Movement system.
The court said Ugandans did not choose a political system because the process of enacting the law was flawed. The petition was filed by DP chief Paul Ssemogerere, and Nwoya MP Zachary Olum. The judges included G.M. Okello, Mpagi Bahigeine, S.G. Engwau, A. Twinomujuni and C.N.B. Kitumba.
The lead judgement read by Twinomujuni said, “With this holding that no political system was ever put in place and that Article 271 was never complied with, the holding of the referendum under Article 74 no longer arises. It would be unconstitutional to use a single penny of the tax payers money to change something that has no physical or legal existence.â€
But Museveni said, “We are going to sort out these issues. I will count on the support of Parliament and the population. We shall bring you some issues to decide on. Once the people have spoken in a referendum, nobody on earth can question it except God.â€
He said the implication of the ruling was that the Movement system does not exist, the 2001 presidential, parliamentary and local council elections were null and void and had no binding power and that all the activities taken by government were null and of no consequence.
“The court ruled that the article is dead (laughs). How did the article die?†he asked. The article is not dead, the people of Uganda are not dead and the Movement system is not dead,†he said.
Museveni downplayed DP chief Paul Ssemogerere’s excitement shortly after the ruling, saying he had resorted to court manoeuvres.
State House sources said the address was timed not to coincide with the ongoing Euro 2004 football tournament, which usually kicks off at 9:45pm.
Quoting from the 1995 Constitution, Museveni said the courts derive their authority from the people and should administer justice in conformity with the norms, values and aspirations of the people.
“The same court has ruled that the opinions of millions of people do not matter and that the referendum is not valid. This does not work,†he said, adding that he was deeply worried by the court’s “irrational decision.â€
“It means the court has usurped the power of the people and the power of Parliament to amend laws. The Government and the NRM will not allow any authority including the courts to usurp the powers of the people. For now, the Government lawyers are studying the ruling and shall take appropriate legal redress,†he said.
He said despite the court ruling, the Government would go ahead with the planned referendum on the change of the political system following a decision by the Movement’s top organs to open up the political space.
Museveni said the court ruling implied that the country was in a state of anarchy, but hastened to add that that was not true. “There is no big problem. The days of anarchy ended when the NRM took over government. And that is why the judges can make a ruling against the government. In previous regimes, no judge could make a ruling against the Government and live to see another day,†he said.
“I assure the country, especially those upcountry that there is no problem. The courts are making mistakes but these will be sorted out politically, legally and legislatively through constitutional amendments.â€
He said the Government would soon introduce amendments to the Constitution to ensure separation of state powers.
“We are now being alerted repeatedly by people who do not respect the aspirations of the people of Uganda and think that they do not matter. The Movement says the people matter,†he said.