House to debate 2 minority reports
Jun 20, 2005
The much awaited debate on the lifting of presidential term limits kicked off yesterday in Parliament.<br>Debate on the Constitutional Amendment Bill No.3 entered the second stage where MPs are supposed to discuss the Cabinet proposals.
By Felix Osike
The much awaited debate on the lifting of presidential term limits kicked off yesterday in Parliament.
Debate on the Constitutional Amendment Bill No.3 entered the second stage where MPs are supposed to discuss the Cabinet proposals.
But the MPs are faced with two minority reports, which must be disposed of before the main report.
The Bill has 98 clauses each of which has to be voted on by rollcall and tally as provided by the rules of procedure at its final consideration or third reading.
The committee has proposed that 60 of the 98 clauses be deferred to the next Parliament due to time constraint.
To have a smooth and legitimate transition, the legal and parliamentary committee, chaired by Jacob Oulanyah (Omoro County), suggests the proposed amendments must be completed by Parliament by July 31, to allow MPs sufficient time to deal with other laws affected by the constitutional amendments.
The controversial clauses in the Bill are the proposed repeal of Article 105 (2), which deals with presidential term limits, shortening of the term of Parliament to coincide with the presidential term so that elections can be held on the same day, and the granting of a special status to Kampala.
The question of indefinite eligibility for a president has been the most widely debated and the most controversial.
But the debate has concentrated on the centrality of the incumbent President Museveni.
During consideration of the Bill by the committee, the matter was put to vote thrice. At each voting the proposal to scrap the term limits was upheld by majority decision forcing other members to write minority reports.
The clause needs a simple majority to sail through although some MPs say it should be subjected to a two-thirds majority.
One minority report is by Workers’ MP Dr. Sam Lyomoki who is supporting the repeal of Article 105 (2) but wants a special clause that the matter be revisited after 20 years.
Lyomoki says while the intention to delete term limits is noble, there are fears that this provision can be abused in future.
“Our country has had a bad electoral history and this status is just improving. So opening term limits without any checks and balances could be a recipe for disaster.
“There is a future threat of dictators who in the process of attempting to rule for life may sow mayhem, abuse constitutional provisions and plunge the country into anarchy,†Lyomoki warns.
Lyomoki says even the Constitutional Review Commission findings indicate that the electoral process has not been free from flaws.
Defence minister Amama Mbabazi says term limits are not necessary because a leader who becomes unpopular can be removed through elections. But Lyomoki says, “We must put into place checks and balances, safeguards, safety exits and fallback positions to balkanise the open-ended system from abuse.â€
The other minority report is by MPs Norbert Mao (Gulu Municipality), Odonga Otto (Aruu County) and Issa Kikungwe (Kyadondo South).
The three MPs say the power of incumbency is so great in Africa and the continent has only been saved from manipulation of the constitution by term limits.
They cite Kenya, Ghana, Zambia, Mozambique, Tanzania and Malawi where leaders have left the centre stage because of term limits.
“We do not hate Museveni. Not at all! But we are only conscious of a possible mad president after Museveni,†they say.
The trio say term limits create orderly succession and deter political groups interested in power from resorting to extra legal means. “To remove term limits when we are supposed to be testing them, is to easily forget history,†they said.
The Bill proposes that the Constitution should allow for dual citizenship. It also proposes review of the provisions relating to the quorum of Parliament, voting and committees of Parliament and procedure for recall of MPs.
It seeks to provide for the procedure for the resolution of deadlocks that may develop between Parliament and the President, recommending that it be resolved through a referendum.
The Bill also seeks to create the office of the Prime Minister and that of the deputy Attorney General.
The much awaited debate on the lifting of presidential term limits kicked off yesterday in Parliament.
Debate on the Constitutional Amendment Bill No.3 entered the second stage where MPs are supposed to discuss the Cabinet proposals.
But the MPs are faced with two minority reports, which must be disposed of before the main report.
The Bill has 98 clauses each of which has to be voted on by rollcall and tally as provided by the rules of procedure at its final consideration or third reading.
The committee has proposed that 60 of the 98 clauses be deferred to the next Parliament due to time constraint.
To have a smooth and legitimate transition, the legal and parliamentary committee, chaired by Jacob Oulanyah (Omoro County), suggests the proposed amendments must be completed by Parliament by July 31, to allow MPs sufficient time to deal with other laws affected by the constitutional amendments.
The controversial clauses in the Bill are the proposed repeal of Article 105 (2), which deals with presidential term limits, shortening of the term of Parliament to coincide with the presidential term so that elections can be held on the same day, and the granting of a special status to Kampala.
The question of indefinite eligibility for a president has been the most widely debated and the most controversial.
But the debate has concentrated on the centrality of the incumbent President Museveni.
During consideration of the Bill by the committee, the matter was put to vote thrice. At each voting the proposal to scrap the term limits was upheld by majority decision forcing other members to write minority reports.
The clause needs a simple majority to sail through although some MPs say it should be subjected to a two-thirds majority.
One minority report is by Workers’ MP Dr. Sam Lyomoki who is supporting the repeal of Article 105 (2) but wants a special clause that the matter be revisited after 20 years.
Lyomoki says while the intention to delete term limits is noble, there are fears that this provision can be abused in future.
“Our country has had a bad electoral history and this status is just improving. So opening term limits without any checks and balances could be a recipe for disaster.
“There is a future threat of dictators who in the process of attempting to rule for life may sow mayhem, abuse constitutional provisions and plunge the country into anarchy,†Lyomoki warns.
Lyomoki says even the Constitutional Review Commission findings indicate that the electoral process has not been free from flaws.
Defence minister Amama Mbabazi says term limits are not necessary because a leader who becomes unpopular can be removed through elections. But Lyomoki says, “We must put into place checks and balances, safeguards, safety exits and fallback positions to balkanise the open-ended system from abuse.â€
The other minority report is by MPs Norbert Mao (Gulu Municipality), Odonga Otto (Aruu County) and Issa Kikungwe (Kyadondo South).
The three MPs say the power of incumbency is so great in Africa and the continent has only been saved from manipulation of the constitution by term limits.
They cite Kenya, Ghana, Zambia, Mozambique, Tanzania and Malawi where leaders have left the centre stage because of term limits.
“We do not hate Museveni. Not at all! But we are only conscious of a possible mad president after Museveni,†they say.
The trio say term limits create orderly succession and deter political groups interested in power from resorting to extra legal means. “To remove term limits when we are supposed to be testing them, is to easily forget history,†they said.
The Bill proposes that the Constitution should allow for dual citizenship. It also proposes review of the provisions relating to the quorum of Parliament, voting and committees of Parliament and procedure for recall of MPs.
It seeks to provide for the procedure for the resolution of deadlocks that may develop between Parliament and the President, recommending that it be resolved through a referendum.
The Bill also seeks to create the office of the Prime Minister and that of the deputy Attorney General.