MPs panic over age limit open vote

Rapheal Magyezi taking a first reading of his age limit Bill in Parliament

Panic has gripped MPs as Parliament prepares to take a crucial vote on the controversial Constitution Amendment Bill 2017 on the presidential age limit.

The Bill seeks to scrap Article 102 (b) of the 1995 Constitution that limits the age of a president to 75 years.

The Bill also seeks to lower the age for presidential candidates to below the current 35, meaning an 18-year old can be president, which some people contest.

New Vision has learnt that MPs are heavily divided over the method of voting to be used to determine the outcome of the Bill.

Parliament convenes today to debate the report of the legal and parliamentary affairs committee, which scrutinised the Bill and a minority report by some committee members.

If they endorse the majority report, the Bill will go into third reading and pass. Some members of the ruling NRM party prefer a secret ballot to avoid being targeted by their constituents, who are opposed to the lifting of the presidential age limit.

To vote on the Bill, MPs will be required to vote as follows — "I vote yes," or "I vote No" or "I abstain." For those with disabilities, the use of a recognised sign language as may be agreed upon by the House is provided for.

Unlike other Bills that have been passed by Parliament without open individual voting, the rules of procedure of Parliament, in rule 98, requires that voting on constitutional amendment like this one shall be open voting, which, in this case, is roll call and tally by the Speaker of Parliament.

Rule 98(6) states that when called out, each member shall, there upon rise in his or her place and declare or use a recognisable sign to assent or dissent to the question as put by the Speaker.

Perhaps, it is this open voting provision among other fears by MPs, that the legislators are in panic, especially when some electorate, whom the MPs represent, have said NO to the amendment.

Some MPs, especially those who hail from constituencies that are against the Bill, fear that when they vote in favour of the Bill, they will not stand a chance to be re-elected in 2021, when Uganda goes to the polls again.

Despite the rules of procedure providing for open voting on constitutional amendment, sources intimated to New Vision that some MPs, who fear to be victimised by their electorate, are pushing for secret voting. Rule 95 of the rules provides for five methods of voting in the House.

These include Voice voting, where members respond "Ayes" for those in favour and "Noes" for those against. The rules also provide for secret voting, electronic voting, division or roll call and tally, which in this case is likely to be used during the voting on the age amendment Bill.

MPs' fears

However, some MPs have already expressed fear over this kind of voting, which they say may impact on their political careers and lives.

The MPs note that ever since the Bill was tabled before Parliament by Igara West MP Raphael Magyezi, there has been a lot of intimidation of MPs. MPs fear that open voting may worsen the situation.

"I would suggest a secret ballot, given the fact that there is a lot of intimidation," Robert Kyagulanyi (Independent), the MP Kyadondo East, said in an interview.

Rule 97 (C) of the Parliament rules of procedure provides for secret ballot on any matter where the House resolves that such matter be voted upon by secret ballot.

Unlike Kyagulanyi, Gilbert Olanya (FDC), the Kilak County MP, is for open voting. He said open voting will enable Ugandans know those for and against the lifting of the age limit.

"If we are to go by secret voting, there are fears on the  NRM side that it will not get the numbers since people will vote against the proposal.

"But for proper accountability on who voted Yes or No, we should have open voting, although the ideal one would be secret voting," Olanya said.

According to some MPs, especially those pushing for secret voting, the House is likely to settle for open voting since the NRM party wants to make accountability of how its members voted.

"Money has exchanged hands, so the NRM, which is pushing for open voting, wants to ensure that people who got money (allegedly) do not vote against the Bill," Olanya noted.

"We should vote as per the rules. The rules require us to roll call and tally. We have to exercise a high level of transparency," Henry Musasizi (NRM), the Rubanda East MP, observed.

Other MPs like Denis Hamson Obua (NRM) Ajuri County and David Mutebi (NRM), Buikwe South, said they are not bothered with the type of voting that will be used in passing the Bill.

"I am ready to use any method of voting as long as it is provided for in the rules of procedure," Obua said.

Chris Obore, the Parliament communications director, told Sunday Vision that despite the MPs' desires on the method of voting, the rules of procedure take precedence.

"The Speaker will determine which method of voting to use in line with the rules of procedure," Obore said.

The Constitution Amendment Bill 2017 has received both endorsement and resistance since its introduction to Parliament by Magyezi.

The Bill has been widely and openly opposed by members of the public, religious leaders and civil society organisations, among other stake holders. But NRM organs support it.

The Bill requires two thirds majority support to sail through. There are 449 MPs in the current Parliament. This means 299 MPs must support the Bill. NRM has about 300 MPs, but not all of them support the Bill.