Referendum Case Starts
Jun 20, 2005
HEARING of a petition challenging the holding of the referendum on change of political system starts today at the Constitutional Court.
By Hillary Nsambu
and Henry Mukasa
HEARING of a petition challenging the holding of the referendum on change of political system starts today at the Constitutional Court.
Seven opposition leaders, including two MPs, petitioned the Constitutional Court to stop the Government from holding the referendum, arguing that what is called the Movement Political System is a political party in disguise.
Former Chwa MP John Livingstone Okello Okello, UPC’s Haji Badru Wegulo, FDC’s vice-chairman Sam Kalega Njuba, FDC envoy Betty Olive Kamya, MPs Issa Kikungwe (Kyaddondo South), John Ken Lukyamuzi (Lubaga South) and Makerere University lecturer Dr. John Jean Barya petitioned court.
“Owing to the fact that the Movement political system does not exist in Uganda, there can be no basis for a referendum to change from this non-existent system to any other,†Okello said in his affidavit filed on May 20 in the court’s registry.
He argued that in Petition No.5 of 2002 of Paul Kawanga Semwogerere and five others Vs the Attorney General, the constitutional court declared the Movement and its organs a political party.
Through Kwesigabo, Bamwine and Walubiri Advocates, the petitioners are seeking a redress to restrain the Attorney General and the Electoral Commission (EC) and their agents from conducting the referendum on “change of political systemsâ€.
Two other law firms, Lukwago and Company advocates and Omoding, Ojakol and Okallany Advocates, are providing legal counsel to the petitioners.
The EC formed sides that will participate in the referendum. On June 7, it disclosed the
question upon which people will vote in the referendum, now set for July 28, to determine whether political space would be opened.
Sunday Vision on May 22 quoted the deputy justice and constitutional affairs minister, Adolf Mwesige, vowing to defend the state vigorously.
“I would be surprised to hear some people saying the referendum is illegal yet it is in the Constitution. We will defend it thoroughly and the referendum will go on as planned,†Mwesige said.
The petitioners describe the Movement system as a mere “legal fiction†intended to sustain a one-party state that is regulated and governed by the Movement Act, which they say contravenes articles 20, 29 38, 43 and 75 of the Constitution.
They further contend that article 69 (1) (2)(a) of the Constitution, which provides for the holding of a referendum or an election to choose and adopt the Movement Political System, offends the Constitution.
They further said article 73 (1) of the Constitution, which purports to unjustifiably curtail the fundamental rights and freedoms of Ugandans under article 29(1)(e), when the so-called Movement Political System is adopted, is unconstitutional.
They also said article 74 (1), which they claimed purports to subject inherent fundamental rights and freedoms to a vote, offends at least seven articles of the Constitution.
The petitioners also said the Act of Parliament passing a resolution on May 3, for purposes of holding the referendum was intended to entrench the Movement system.
They want the court to declare as unconstitutional EC’s issuance of guidelines, the holding of press briefings and of taking other steps to conduct the referendum, saying it was intended to manipulate the citizens of Uganda into endorsing and entrenching a one-party state.
Ends
and Henry Mukasa
HEARING of a petition challenging the holding of the referendum on change of political system starts today at the Constitutional Court.
Seven opposition leaders, including two MPs, petitioned the Constitutional Court to stop the Government from holding the referendum, arguing that what is called the Movement Political System is a political party in disguise.
Former Chwa MP John Livingstone Okello Okello, UPC’s Haji Badru Wegulo, FDC’s vice-chairman Sam Kalega Njuba, FDC envoy Betty Olive Kamya, MPs Issa Kikungwe (Kyaddondo South), John Ken Lukyamuzi (Lubaga South) and Makerere University lecturer Dr. John Jean Barya petitioned court.
“Owing to the fact that the Movement political system does not exist in Uganda, there can be no basis for a referendum to change from this non-existent system to any other,†Okello said in his affidavit filed on May 20 in the court’s registry.
He argued that in Petition No.5 of 2002 of Paul Kawanga Semwogerere and five others Vs the Attorney General, the constitutional court declared the Movement and its organs a political party.
Through Kwesigabo, Bamwine and Walubiri Advocates, the petitioners are seeking a redress to restrain the Attorney General and the Electoral Commission (EC) and their agents from conducting the referendum on “change of political systemsâ€.
Two other law firms, Lukwago and Company advocates and Omoding, Ojakol and Okallany Advocates, are providing legal counsel to the petitioners.
The EC formed sides that will participate in the referendum. On June 7, it disclosed the
question upon which people will vote in the referendum, now set for July 28, to determine whether political space would be opened.
Sunday Vision on May 22 quoted the deputy justice and constitutional affairs minister, Adolf Mwesige, vowing to defend the state vigorously.
“I would be surprised to hear some people saying the referendum is illegal yet it is in the Constitution. We will defend it thoroughly and the referendum will go on as planned,†Mwesige said.
The petitioners describe the Movement system as a mere “legal fiction†intended to sustain a one-party state that is regulated and governed by the Movement Act, which they say contravenes articles 20, 29 38, 43 and 75 of the Constitution.
They further contend that article 69 (1) (2)(a) of the Constitution, which provides for the holding of a referendum or an election to choose and adopt the Movement Political System, offends the Constitution.
They further said article 73 (1) of the Constitution, which purports to unjustifiably curtail the fundamental rights and freedoms of Ugandans under article 29(1)(e), when the so-called Movement Political System is adopted, is unconstitutional.
They also said article 74 (1), which they claimed purports to subject inherent fundamental rights and freedoms to a vote, offends at least seven articles of the Constitution.
The petitioners also said the Act of Parliament passing a resolution on May 3, for purposes of holding the referendum was intended to entrench the Movement system.
They want the court to declare as unconstitutional EC’s issuance of guidelines, the holding of press briefings and of taking other steps to conduct the referendum, saying it was intended to manipulate the citizens of Uganda into endorsing and entrenching a one-party state.
Ends