No constitutional crisis, says Law Society
Jun 28, 2004
THE Uganda Law Society (ULS) yesterday said there is no constitutional crisis or political vacuum in the country resulting from the Constitutional court ruling which nullified the 2000 referendum Act
THE Uganda Law Society (ULS) yesterday said there is no constitutional crisis or political vacuum in the country resulting from the Constitutional court ruling which nullified the 2000 referendum Act, reports Jude Etyang.
The society also said President Yoweri Museveni was out of order to say that judges had usurped the powers of people to choose their political system.
“The Uganda Law Society is gravely concerned about the unwarranted attack by the Executive on the Judiciary in the performance of their constitutional duties,†the ULS president, Moses Adriko, said at a press conference at the ULS office in Kamwokya.
Adriko said the ruling implied the transition from one political system to another is incomplete and added that legally, the 2000 referendum as provided by Article 271 of the constitution, never took place.
“There is no constitutional crisis or political vacuum resulting from the judgement. All that the constitutional court pronounced itself on is on the transitional provision of Article 271, that it had a time limit and this time limit was never complied with,†Adriko said.
He said, “The transitional process contemplated under Article 271 of the Constitution is incomplete. Therefore, the transition from the Movement system to another must be brought to a lawful conclusion,†Adriko said.
“The view that there is a Constitutional crisis and that Government has been swept away by this judgement is alarmist and not true,†Ebert Byenkya, a member of the constitutional committee of the society said.
Byenkya said some offices which are linked to the Movement Secretariat might be affected.
Byenkya said the office of the President and Parliament are not linked to a political system and that they will always exist whether in multi-party or movement system.
Adriko said article 271 which provided a time limit on how the nullified referendum act (Article 74) would operate, was a transitional provision. He said Ugandans could still choose a political system through Article 69.
In defence of the judges, Adriko said the constitution gives the Constitutional court exclusive jurisdiction to interpret and determine the constitutionality of acts of Parliament or any law.
Adriko said Museveni’s statement amounts to a fundamental misunderstanding of the powers and the role of the judiciary in the constitutional dispensation “which if acted upon would amount to usurpation by the Executive of the judiciary powers.â€
The society also said President Yoweri Museveni was out of order to say that judges had usurped the powers of people to choose their political system.
“The Uganda Law Society is gravely concerned about the unwarranted attack by the Executive on the Judiciary in the performance of their constitutional duties,†the ULS president, Moses Adriko, said at a press conference at the ULS office in Kamwokya.
Adriko said the ruling implied the transition from one political system to another is incomplete and added that legally, the 2000 referendum as provided by Article 271 of the constitution, never took place.
“There is no constitutional crisis or political vacuum resulting from the judgement. All that the constitutional court pronounced itself on is on the transitional provision of Article 271, that it had a time limit and this time limit was never complied with,†Adriko said.
He said, “The transitional process contemplated under Article 271 of the Constitution is incomplete. Therefore, the transition from the Movement system to another must be brought to a lawful conclusion,†Adriko said.
“The view that there is a Constitutional crisis and that Government has been swept away by this judgement is alarmist and not true,†Ebert Byenkya, a member of the constitutional committee of the society said.
Byenkya said some offices which are linked to the Movement Secretariat might be affected.
Byenkya said the office of the President and Parliament are not linked to a political system and that they will always exist whether in multi-party or movement system.
Adriko said article 271 which provided a time limit on how the nullified referendum act (Article 74) would operate, was a transitional provision. He said Ugandans could still choose a political system through Article 69.
In defence of the judges, Adriko said the constitution gives the Constitutional court exclusive jurisdiction to interpret and determine the constitutionality of acts of Parliament or any law.
Adriko said Museveni’s statement amounts to a fundamental misunderstanding of the powers and the role of the judiciary in the constitutional dispensation “which if acted upon would amount to usurpation by the Executive of the judiciary powers.â€