Parliament passes cultural leaders' Bill
Feb 01, 2011
OPPOSITION members of Parliament yesterday failed to block the passage into law the controversial Institution of Traditional and Cultural Leaders Bill. The Bill gives effect to Article 246 of the Constitution which regulates the operations of traditional or cultural leaders.
By Vision Reporters
OPPOSITION members of Parliament yesterday failed to block the passage into law the controversial Institution of Traditional and Cultural Leaders Bill.
At a stormy session chaired by the Speaker of Parliament, Edward Kiwanuka Ssekandi, tempers flared, legal muscles were flexed until the majority NRM MPs voted for the suspension of rules of procedure to hasten the enactment.
The Bill gives effect to Article 246 of the Constitution which regulates the operations of traditional or cultural leaders.
Parliament passed the Bill with 15 major amendments.
Baganda opposition MPs, however, boycotted the afternoon sitting except Makindye East MP, Michael Mabikke. He too was not present at the time the Bill was passed.
MPs led by Latif Sebaggala (DP) met Speaker Edward Sekandi and the Prime Minister who is also the Leader of Government Business in Parliament, Prof Apolo Nsibambi, before parliament resumed in the afternoon, but did not return to the House. They were Hussein Kyanjo (Jeema), Erias Lukwago (DP) and Betty Nambooze both of DP and Jerome Kaddumukasa (independent).
Only Betty Amongi (independent), Winnie Kiiza, Yokasi Bihande Bwambale, Elijah Okupa and Christopher Kibazanga all of FDC, were present in Parliament when the Bill was passed at about 6:40pm. At about 6:20pm there were 88 MPs on the ruling party side, the NRM.
Kyanjo later said they met the Speaker to express displeasure with the way he had conducted business.
“The Speaker does not only have the powers to drive the House to vote, but also has the powers to guide the House to act properly. This time he did not advise the House on the problem,†said Kyanjo.
He said that Parliament had taken upon itself the responsibility of amending Article 246 of the Constitution yet the Article could be amended substantially by a constitutional clause.
“They used an ordinary Bill to amend Article 246,†stated Kyanjo.
“The time we were able to stay in the House, we were able to indicate to the House that there was no goodwill on the side of government to listen to logic,†added Kyanjo.
Most of the army representatives including the Chief of Defence Forces were present at Parliament.
In the morning sitting, MPs Erias Lukwago (DP), Hussein Kyanjo (JEEMA), Joseph Balikuddembe (DP), Winnie Kiiza (FDC), Latif Sebaggala (DP), Ssebuliba Mutumba (DP), Muhammed Kawuma (DP), John Kawanga (DP) and Betty Amongi tried to use the parliamentary rules of procedure and past precedents to delay debate but Sekandi disregarded all of them.
NRM female MPs, Mariam Nalubega and Sylivia Namabidde sprung surprise contributions, invoking a rule (177) that demands that matters on reports of committees are debated after three days but their colleagues led by the Prime Minister, Prof. Apolo Nsibambi, argued that they could suspend those rules.
Nsibambi, in explaining the urgency with which the Bill needed to pass, read out a story in an issue of a Luganda daily, Bukedde ku Sande of November 7 2010.
“This is a period when members are campaigning. We suspend the rule using rule 14. The urgency of this Bill is that during campaigns, some individuals are misusing the position of the traditional leaders.
For example Bidandi Ssali, one of the presidential candidates, said the former Buganda Katikkiro, Joseph Mulwanyamuli Ssemwogerere, had said someone higher, who cannot attend political rallies, had asked him to campaign,†states Nsibambi.
Questions were raised by MPs whether the law targeted the Kabaka, something that Nsibambi denied.
The First Lady, Janet Museveni, said enactment of the Bill into law was important for the country to have a stable election.
“The Bill is important for all of us. The Prime Minister has explained the urgency of this Bill. We need to debate it. There are some people who are using traditional leaders to destabilise the campaigns. We should use this day to debate this Bill,†she said.
Parliament, which had been on recess because of campaigns, was recalled by the Speaker, to specifically pass the Bill. Business was scheduled to commence at 10:30am but was delayed for over an hour when Ssekandi and two senior clerks to Parliament consulted in the chambers.
Sekeandi then gave out an unusually lengthy explanation as to why the MPs had been recalled from their campaign trails to consider the Bill and expedite its passage.
He explained that while it was not usual for committees to sit during recess, the legal and gender committees notified him that they were ready to scrutinise the Bill.
“This was followed by a request from government that business was urgent,†Ssekandi stated.
Lukwago shot to his feet saying he wanted to write a minority report but could not do so because he had not accessed the parent report.
He asked for an adjournment to give him time to make a minority report with like minded MPs but Ssekandi ruled he would give his views verbally during the debate.
Minority reports have, in the past, been a means of expression of a diversgent view on a topical matter. During the debate on the CHOGM report and Temangalo-NSSF land saga, for instance, proceedings were stayed to give MPs time to prepare minority reports in time for final debate.
The Speaker also blocked attempts by opposition MPs to quote from a letter dated November 17, 2010 reportedly written by the Attorney General, Khiddu Makubuya to President Yoweri Museveni giving legal opinion, it is said Makubuya told the President that the Bill was unconstitutional.
“That’s not relevant now. We have already proceeded,†Ssekandi retorted when Ssebaggala and Kyanjo made numerous attempts to raise that issue.
Makubuya warned that the Bill was attempting to amend the Constitution using an Act of Parliament and would attract constitutional litigation which would consume Government’s time, energy, resources and political goodwill, which the government needed elsewhere.
At some stages, the debate turned into a shouting match between the Speaker and the opposition MPs, each demanding of the other to speak out, but Ssekandi disregarding them all the time saying they were playing to the gallery.
“Order, procedure, guidance, motion.†Shouted the MPs, standing up at each attempt.
An irritated Ssekandi asserted, there is no substance in your seeking guidance. I have said NO.
He said to Kawuma; “ok stand up quote the rule and say what you want to say†which sent the terrified MP off balance and causing him to fidget as NRM MPs laughed and heckled at him.
It was not clear what Mukono North MP Betty Nambooze told the Speaker who derided her also, sending the usually vocal MP silent for the remaining part of the session.
“Hon. Nambooze, you are new here. The way you conduct your rallies is not the way we conduct business here. If you don’t behave, I will eject you. You are new, start learning,†Ssekandi showed as astonished MPs looked on helplessly.
MPs Theodore Ssekikubo and Nalubega urged colleagues to pass laws with some decorum, following procedures and not looking like they were merely dancing to the calls of the puppeteer.
(Compiled by Henry Mukasa, Mary Karugaba and Joyce Namutebi)
OPPOSITION members of Parliament yesterday failed to block the passage into law the controversial Institution of Traditional and Cultural Leaders Bill.
At a stormy session chaired by the Speaker of Parliament, Edward Kiwanuka Ssekandi, tempers flared, legal muscles were flexed until the majority NRM MPs voted for the suspension of rules of procedure to hasten the enactment.
The Bill gives effect to Article 246 of the Constitution which regulates the operations of traditional or cultural leaders.
Parliament passed the Bill with 15 major amendments.
Baganda opposition MPs, however, boycotted the afternoon sitting except Makindye East MP, Michael Mabikke. He too was not present at the time the Bill was passed.
MPs led by Latif Sebaggala (DP) met Speaker Edward Sekandi and the Prime Minister who is also the Leader of Government Business in Parliament, Prof Apolo Nsibambi, before parliament resumed in the afternoon, but did not return to the House. They were Hussein Kyanjo (Jeema), Erias Lukwago (DP) and Betty Nambooze both of DP and Jerome Kaddumukasa (independent).
Only Betty Amongi (independent), Winnie Kiiza, Yokasi Bihande Bwambale, Elijah Okupa and Christopher Kibazanga all of FDC, were present in Parliament when the Bill was passed at about 6:40pm. At about 6:20pm there were 88 MPs on the ruling party side, the NRM.
Kyanjo later said they met the Speaker to express displeasure with the way he had conducted business.
“The Speaker does not only have the powers to drive the House to vote, but also has the powers to guide the House to act properly. This time he did not advise the House on the problem,†said Kyanjo.
He said that Parliament had taken upon itself the responsibility of amending Article 246 of the Constitution yet the Article could be amended substantially by a constitutional clause.
“They used an ordinary Bill to amend Article 246,†stated Kyanjo.
“The time we were able to stay in the House, we were able to indicate to the House that there was no goodwill on the side of government to listen to logic,†added Kyanjo.
Most of the army representatives including the Chief of Defence Forces were present at Parliament.
In the morning sitting, MPs Erias Lukwago (DP), Hussein Kyanjo (JEEMA), Joseph Balikuddembe (DP), Winnie Kiiza (FDC), Latif Sebaggala (DP), Ssebuliba Mutumba (DP), Muhammed Kawuma (DP), John Kawanga (DP) and Betty Amongi tried to use the parliamentary rules of procedure and past precedents to delay debate but Sekandi disregarded all of them.
NRM female MPs, Mariam Nalubega and Sylivia Namabidde sprung surprise contributions, invoking a rule (177) that demands that matters on reports of committees are debated after three days but their colleagues led by the Prime Minister, Prof. Apolo Nsibambi, argued that they could suspend those rules.
Nsibambi, in explaining the urgency with which the Bill needed to pass, read out a story in an issue of a Luganda daily, Bukedde ku Sande of November 7 2010.
“This is a period when members are campaigning. We suspend the rule using rule 14. The urgency of this Bill is that during campaigns, some individuals are misusing the position of the traditional leaders.
For example Bidandi Ssali, one of the presidential candidates, said the former Buganda Katikkiro, Joseph Mulwanyamuli Ssemwogerere, had said someone higher, who cannot attend political rallies, had asked him to campaign,†states Nsibambi.
Questions were raised by MPs whether the law targeted the Kabaka, something that Nsibambi denied.
The First Lady, Janet Museveni, said enactment of the Bill into law was important for the country to have a stable election.
“The Bill is important for all of us. The Prime Minister has explained the urgency of this Bill. We need to debate it. There are some people who are using traditional leaders to destabilise the campaigns. We should use this day to debate this Bill,†she said.
Parliament, which had been on recess because of campaigns, was recalled by the Speaker, to specifically pass the Bill. Business was scheduled to commence at 10:30am but was delayed for over an hour when Ssekandi and two senior clerks to Parliament consulted in the chambers.
Sekeandi then gave out an unusually lengthy explanation as to why the MPs had been recalled from their campaign trails to consider the Bill and expedite its passage.
He explained that while it was not usual for committees to sit during recess, the legal and gender committees notified him that they were ready to scrutinise the Bill.
“This was followed by a request from government that business was urgent,†Ssekandi stated.
Lukwago shot to his feet saying he wanted to write a minority report but could not do so because he had not accessed the parent report.
He asked for an adjournment to give him time to make a minority report with like minded MPs but Ssekandi ruled he would give his views verbally during the debate.
Minority reports have, in the past, been a means of expression of a diversgent view on a topical matter. During the debate on the CHOGM report and Temangalo-NSSF land saga, for instance, proceedings were stayed to give MPs time to prepare minority reports in time for final debate.
The Speaker also blocked attempts by opposition MPs to quote from a letter dated November 17, 2010 reportedly written by the Attorney General, Khiddu Makubuya to President Yoweri Museveni giving legal opinion, it is said Makubuya told the President that the Bill was unconstitutional.
“That’s not relevant now. We have already proceeded,†Ssekandi retorted when Ssebaggala and Kyanjo made numerous attempts to raise that issue.
Makubuya warned that the Bill was attempting to amend the Constitution using an Act of Parliament and would attract constitutional litigation which would consume Government’s time, energy, resources and political goodwill, which the government needed elsewhere.
At some stages, the debate turned into a shouting match between the Speaker and the opposition MPs, each demanding of the other to speak out, but Ssekandi disregarding them all the time saying they were playing to the gallery.
“Order, procedure, guidance, motion.†Shouted the MPs, standing up at each attempt.
An irritated Ssekandi asserted, there is no substance in your seeking guidance. I have said NO.
He said to Kawuma; “ok stand up quote the rule and say what you want to say†which sent the terrified MP off balance and causing him to fidget as NRM MPs laughed and heckled at him.
It was not clear what Mukono North MP Betty Nambooze told the Speaker who derided her also, sending the usually vocal MP silent for the remaining part of the session.
“Hon. Nambooze, you are new here. The way you conduct your rallies is not the way we conduct business here. If you don’t behave, I will eject you. You are new, start learning,†Ssekandi showed as astonished MPs looked on helplessly.
MPs Theodore Ssekikubo and Nalubega urged colleagues to pass laws with some decorum, following procedures and not looking like they were merely dancing to the calls of the puppeteer.
(Compiled by Henry Mukasa, Mary Karugaba and Joyce Namutebi)