Uganda still under Movement system
Sep 05, 2005
<b>By Khiddu Makubuya</b><br><br>THE people of Uganda on August 28, by 92.5% voted in favour of changing the political system. The YES vote paved the way for an orderly transition from the Movement to a multiparty political system.
By Khiddu Makubuya
THE people of Uganda on August 28, by 92.5% voted in favour of changing the political system. The YES vote paved the way for an orderly transition from the Movement to a multiparty political system.
The current government under the Movement system was elected for a term of five years. Therefore, the Movement Government will remain in place until the expiry of the five years next year.
Section 18(1) states that where the result of a referendum or a resolution of Parliament determines that a change shall be made in the existing political system, subsequent presidential, parliamentary, local government and other public elections shall be held under the new political system adopted.
However, 18 (2) makes the following exception: “This section does not apply to a by-election held before the expiration of the term of Parliament.â€
Section 18 of the Movement (Amendment) Act 2003 provides that if another political system is chosen to operate in place of the Movement political system, then all offices in all Movement organs shall be deemed to have been vacated. But section 18(5)says the current office-bearers in the Movement organs shall continue in office until the date of expiry of the term of parliament(in 2006).
Clause 95 of the Constitution (Amendment) Bill No. 3 of 2005, which has been adopted by this Parliament, provides a similar position. It states that the organs under the Movement political system shall remain in force until the first parliamentary elections under a multiparty political system are held.
In summary, the organs of the Movement will remain in force until the next elections are held on or before March 12, 2006.
Furthermore, any parliamentary by-election held before the next general elections should be held under the Movement political system.
It should be noted, though, that Article 81 (3) of the Constitution provides that, ‘A by- election shall not be held within six months before the holding of a general election of Parliament.’ As mentioned above, the Constitution has been amended to provide that the term of the organs of the Movement political system will end upon the holding of the next parliamentary elections (March 2006).
The six months period will begin in October 2005. Thus from October 2005, no more elections will be held under the Movement political system.
Way forward:
In exercise of his mandate to make regulations for the transition, the Minister of Justice will soon introduce amendments to the Political Parties and Organisations Act 2002 to pave way for holding of proper multiparty elections in the next general elections.
The Minister will also exercise supervision powers to ensure that the Electoral Commission (EC) and Uganda Human Rights Commission (UHRC), both of which have the mandate to conduct civic education, sensitise the people on the operation of a multiparty political system.
The Government will this month introduce amendments to the following electoral laws: Presidential Elections Bill, Parliamentary Elections Bill, Local Government Act (Amendment) Bill, and Electoral Commission (Amendment) Bill.
The purpose of those amendments will be to bring the electoral laws into conformity with the new political system.
The laws will make it clear that the next (March 2006) presidential, parliamentary and local council elections will be held under a multiparty arrangement.
The Government will also introduce amendments to the Movement Act to achieve the following:
(a)To reduce the term of the organs of the Movement from July 2, 2006 to March 12, 2006.
(b)To mandate the Movement National Conference work out a policy frame work of winding up the organs of the Movement.
(c)To enable the National Conference to make provision for retirement benefits for leaders and staff of the system and/or placement to other sectors of the public service where appropriate.
I expect the above amendments to be passed by Parliament in September, — six months ahead of the next general elections.
This will allow political parties sufficient time and space to open and operate branches, hold delegates conferences, hold public rallies at all levels and identify candidates for the general elections.
The next general elections will take place before March 12, 2006. A new government will be sworn in on May 12, 2006, marking the beginning of a multiparty government in Uganda.
(An address to the Members of Parliament on September 1)
The writer is Attorney General and Minister of Justice and Constitutional Affairs
THE people of Uganda on August 28, by 92.5% voted in favour of changing the political system. The YES vote paved the way for an orderly transition from the Movement to a multiparty political system.
The current government under the Movement system was elected for a term of five years. Therefore, the Movement Government will remain in place until the expiry of the five years next year.
Section 18(1) states that where the result of a referendum or a resolution of Parliament determines that a change shall be made in the existing political system, subsequent presidential, parliamentary, local government and other public elections shall be held under the new political system adopted.
However, 18 (2) makes the following exception: “This section does not apply to a by-election held before the expiration of the term of Parliament.â€
Section 18 of the Movement (Amendment) Act 2003 provides that if another political system is chosen to operate in place of the Movement political system, then all offices in all Movement organs shall be deemed to have been vacated. But section 18(5)says the current office-bearers in the Movement organs shall continue in office until the date of expiry of the term of parliament(in 2006).
Clause 95 of the Constitution (Amendment) Bill No. 3 of 2005, which has been adopted by this Parliament, provides a similar position. It states that the organs under the Movement political system shall remain in force until the first parliamentary elections under a multiparty political system are held.
In summary, the organs of the Movement will remain in force until the next elections are held on or before March 12, 2006.
Furthermore, any parliamentary by-election held before the next general elections should be held under the Movement political system.
It should be noted, though, that Article 81 (3) of the Constitution provides that, ‘A by- election shall not be held within six months before the holding of a general election of Parliament.’ As mentioned above, the Constitution has been amended to provide that the term of the organs of the Movement political system will end upon the holding of the next parliamentary elections (March 2006).
The six months period will begin in October 2005. Thus from October 2005, no more elections will be held under the Movement political system.
Way forward:
In exercise of his mandate to make regulations for the transition, the Minister of Justice will soon introduce amendments to the Political Parties and Organisations Act 2002 to pave way for holding of proper multiparty elections in the next general elections.
The Minister will also exercise supervision powers to ensure that the Electoral Commission (EC) and Uganda Human Rights Commission (UHRC), both of which have the mandate to conduct civic education, sensitise the people on the operation of a multiparty political system.
The Government will this month introduce amendments to the following electoral laws: Presidential Elections Bill, Parliamentary Elections Bill, Local Government Act (Amendment) Bill, and Electoral Commission (Amendment) Bill.
The purpose of those amendments will be to bring the electoral laws into conformity with the new political system.
The laws will make it clear that the next (March 2006) presidential, parliamentary and local council elections will be held under a multiparty arrangement.
The Government will also introduce amendments to the Movement Act to achieve the following:
(a)To reduce the term of the organs of the Movement from July 2, 2006 to March 12, 2006.
(b)To mandate the Movement National Conference work out a policy frame work of winding up the organs of the Movement.
(c)To enable the National Conference to make provision for retirement benefits for leaders and staff of the system and/or placement to other sectors of the public service where appropriate.
I expect the above amendments to be passed by Parliament in September, — six months ahead of the next general elections.
This will allow political parties sufficient time and space to open and operate branches, hold delegates conferences, hold public rallies at all levels and identify candidates for the general elections.
The next general elections will take place before March 12, 2006. A new government will be sworn in on May 12, 2006, marking the beginning of a multiparty government in Uganda.
(An address to the Members of Parliament on September 1)
The writer is Attorney General and Minister of Justice and Constitutional Affairs