MPs to decide on third term

Jul 07, 2004

THE Cabinet has decided that the lifting of the presidential term limits (third term) and the change from the Movement to multiparty political system be effected through an amendment to the Constitution by Parliament before it is endorsed in a national referendum.

By Felix Osike and Hamis Kaheru
THE Cabinet has decided that the lifting of the presidential term limits (third term) and the change from the Movement to multiparty political system be effected through an amendment to the Constitution by Parliament before it is endorsed in a national referendum.

Sources said this is contained in the White Paper, which will soon be presented to Parliament with the Constitutional Amendment Bill.

“The referendum will not be there before Parliament has decided. The amendments on ‘third term’ and change of political systems will come to Parliament first, then go to the people later. Both the political system and term limits will be opened by Parliament,” the source said.

Constitutional affairs minister Janat Mukwaya said in a statement circulated to MPs on Tuesday that one of the most important articles to be amended was Article 74, which lays down the procedure for changing a political system through a referendum or Parliament.

“Rather than resort to either a referendum, Parliament or district councils to change from Movement to a multiparty political system, the Government has decided that the change should be effected by an amendment to Article 74.

Since the article is entrenched, a referendum will be conducted to amend, among others, the said article,” Mukwaya said.

The political roadmap released by justice and constitutional affairs minister Janat Mukwaya states that the Bill will be presented to Parliament in the first week of September this year.

The proposed repeal of Article 105 (2) of the 1995 Constitution, which guarantees a president two five-year terms, has drawn mixed reactions from the public and divided MPs who see it as a ploy to give President Yoweri Museveni another term in office. Museveni’s last term expires in 2006.

Museveni recently said nothing decided in a referendum can be changed by anybody except God.

The fear in the Government has been that if the people decided in a referendum to lift the term limits, Parliament could reject that position and this could be a fatal blow to the Cabinet, which is pushing for it.

Mukwaya said she had also decided to prepare, “one Constitution (Amendment) Bill (omnibus) to include all the articles, whether entrenched or not, which have been identified for amendment.”

Yesterday, Mukwaya told The New Vision, “The procedure to amend the Constitution under Article 74 will remain. But we are introducing a new sub-article which will take us into the new political dispensation.”

Mukwaya also presented to the House a tight political roadmap to 2006, which entails holding of presidential, parliamentary and district chairpersons elections on the same day, in March 2006.

She urged MPs to pass the Referendum and Other Provisions Bill, which is now being considered by the legal and parliamentary affairs committee.

Mukwaya said the Constitutional Amendment Bill would be tabled for the first reading in the first week of September and thereafter it would be scrutinised by the legal affairs committee before taking it to the plenary for debate and passing.

Mukwaya appealed to MPs to ensure that the Bill is passed before they go for the Christmas recess to enable the Electoral Commission (EC) to prepare the country early next year for the referendum on the Bill.

Mukwaya said civic education on the amendments to various articles of the Constitution, which require a referendum for amendment, would be conducted by the commission in January 2005.

The EC will conduct a referendum to approve the Bill in February 2005.

Mukwaya said the implementation of the political roadmap would require amendment of various electoral laws like the presidential and parliamentary elections Acts, Local Government Act and the Political Parties and Organisations Act.

Mukwaya will present to the House the consequential amendments to the various electoral laws between March-December 2005.

The preparatory process and campaigns for presidential and parliamentary elections will take place between November 2005 and February 2006 and the elections will take place in March 2006.

The district Local council elections will be held between November 2005 and June 2006.

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