Debate on MPs' expulsion deferred

By M. Walubiri, M. Karugaba & M. Mulondo

Parliament Tuesday ran into early huddles in its attempt to scrutinize the Constitutional (Amendment) Bill, 2015 by deferring to this afternoon debate on a contentious clause calling for booting out of parliament lawmakers expelled by their parties. 

In line with Articles 259 and 262 of the constitution, the Constitutional (Amendment) Bill seeks to amend a string of Articles in the 1995 constitution, especially those pertaining to conducting national elections.

Following a motion by Theodore Ssekikubo "urging" the minister of constitutional affairs to drop the contentious clause, 4(1)(g), Deputy Attorney General, Mwesigwa Rukutana, requested that the executive be given time to consider the motion.

"I request that the motion be stood over until tomorrow (Wednesday). Cabinet will be sitting tomorrow. Let us consult and see whether we concede on this matter," Rukutana said.  And Deputy Speaker, Jacob Oulanyah, duly deferred the matter to today afternoon.

Clause 4(1)(g) of the  Constitutional (Amendment) Bill, 2015 is almost a replica of   Article 83(1)(g) of the constitution and it calls for expulsion from parliament a legislator "who leaves the political party/organization he/she stood as a candidate for election to parliament to join another political party or political organization or remain in parliament as an independent."

Ssekikubo, the mover of the motion, is one of the four lawmakers expelled from the ruling NRM in April 2013 over accusations of indiscipline. The others are Wilfred Niwagaba, Muhammad Nsereko and Barnabas Tinkasiimire.

Ssekikubo and Niwagaba told the House that the clause if not dropped will effectively erode the independence of  parliament and will be in breach of Article 97 of the constitution which gives lawmakers the privilege to debate without looking over their shoulders.

"Article 83(1)(g) is ambiguous. Who determines which member ceases to belong to a party? If this provision is not dropped, no MP will ever come and deliberate without fear," Niwagaba said.

Given the foot stumping and a ripple of murmurs that swept across ruling party benches, the fear that lawmakers are set to become lame ducks if their parties' disciplinary committees are given powers to cut short their tenure seems to be gaining traction.

Former Leader of Opposition, Nandala Mafabi and shadow minister of justice, Medard Sseggona, tried albeit unsuccessfully, to have the House debate and improve the motion before its consideration by cabinet.

Alluding to the example of Balaki Kirya, Mathias Ngobi, Grace Ibingira and Basil Bataringiya - Dr. Milton Obote's ministers who supported his push for the draconian detention without trial law in the 1960s only to be incarcerated under the same law - Nandala cautioned MPs against passing a law that will leave them at the mercy of their parties.
 
"You will be giving party secretary generals more powers than your own voters," Nandala said.
 
Although the Constitutional Court has already ruled that four MPs expelled from NRM be kicked out of parliament  reasoning that leaving a party is neutral to cause, contestation as to the correct interpretation of Article 83(1)(g) is still raging in legal circles as to its correct interpretation.