MPs deserve 64b for cars - Attorney General

Oct 12, 2016

The presiding Judge will pronounce judgment on the matter on Thursday

Members of Parliament deserve sh64b for purchasing personal cars, The Attorney General has said.

Defending gov't's position before the Constitution Court, Senior State Attorney Gorreth Arinaitwe argued that petitioner Twaha Sanywa has not pleaded any special circumstances including of how he will suffer a loss that cannot be compensated for damages if the sh64b is paid out to MPs.

The court was presided over by Justice Richard Buteera. The presiding Judge will pronounce judgment on the matter on Thursday.

Arinaitwe asked court to dismiss with costs the application for lack of merit, saying Sanywa has not adduced any strong reasons, prompting court to block Government from releasing the said funds.

Arinaitwe based her submission on an affidavit sworn by the Clerk to Parliament; Jane Kibirige, who said such privileges and benefits enjoyed by MPs are provided for under the law.

Kibirige further argued that if court finds out at a later stage that the said money was erroneously given to the MPs, Gov't can still go ahead and recover the sh150m from individual MPs.

However, Sanywa's lawyer Shaban Sanywa disagreed with her saying it's difficult to recover the said money from MPs since it will be withdrawn from the consolidated fund for personal benefits without following the law governing procurement of public assets.

Sanywa, a resident of Kajjansi in Wakiso district had petitioned Constitutional Court, challenging the parliamentary entitlement of purchasing vehicles for MPs out of the consolidated fund or tax payer's money.

He wants court to declare that the alleged parliamentary privileges and or entitlement of purchasing each member of the 10th Parliament a personal vehicle from the consolidated funds and/or tax payers is unconstitutional.

He also wants court to grant a declaration that the act of the said MPs is a preferential treatment that discriminates other arms of the Government like the Judiciary and Executive arms.

"This petition is meant to protect the other arms of Government against the preferential treatment subjected to the 10th Parliament based on the alleged parliamentary privilege the entitles MPs to purchase personnel vehicles funded by the public and further also to protect the social and economic rights of the general public," Sanywa states in his affidavit.

He therefore says that unless the Constitutional Court intervenes, the general public is most likely to suffer great financial loss and be gravely inconvenienced if the said vehicles are purchased.

"Tax payers stand a risk of loss of public funds at the hands of parliament in the exercise of its alleged privilege and or entitlement if not restrained by court.

He contends that well-reorganized Parliamentary privilege are those particularly designed to safeguard the rights of each elector like freedom of speech that secures MPs from any interference while discharging their functions and duties of representing their respective constituencies.

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