MPs back 3rd term debate

May 24, 2005

THE legal and parliamentary affairs committee has taken a final vote and recommended that the presidential term limits be deleted from the Constitution,

THE legal and parliamentary affairs committee has taken a final vote and recommended that the presidential term limits be deleted from the Constitution, reports Felix Osike.

The final decision on the term limits now rests with the plenary (whole Parliament) where the Government enjoys the majority.

The committee, which has been scrutinising the Constitutional Amendment Bill 3 at the Imperial Resort Beach Hotel in Entebbe, on Saturday voted on the proposal after one member, Odonga Otto (Aruu), called for the retention of the controversial Article 105 (2) of the Constitution which limits the number of terms a president can serve to two of five years each.
By majority vote of 11-1 taken at 2:45pm on Saturday, the committee decided that the article be scrapped.

However, three committee members, Norbert Mao, Odonga Otto and Issa Kikungwe, are writing a minority report opposing the deletion of the presidential term limits.

Workers MP Dr. Sam Lyomoki is also writing another minority report supporting the lifting of the term limits in which he calls for the review of the issue after 20 years.
The committee’s decision boosts the Cabinet, which has been advocating for endless terms for a president.

The committee also reduced the number of clauses in the Bill from 98 to 40, mainly dealing with the transition process.

“We have struck out a number of clauses which should be dealt with separately,” said a source.
The 11 members who supported the deletion of presidential term limits were Alex Ndeezi (Persons with Disabilities, central), Idah Mehangye (Kamwenge), Tom Kayongo (Rubaga North), Maj (Rtd) James Kinobe (Katikamu north), Lt. Col. Phinehas Katirima (UPDF), Moses Kizige (Bugabula North), Perez Ahabwe (Rubanda East), Mary Karoro (Bushenyi), Robert Achilla (Jie), Dan Kidega (Youth Northern) and Rose Namayanja (Youth Central).

Lyomoki’s proposal for review after 20 years was rejected. Kidega and Otto abstained on the Lyomoki proposal while committee chairman Jacob Oulanyah (Omoro) did not vote on any of the proposals.

Lyomoki yesterday said his proposal merely calls for safeguards in case leaders try to abuse the open terms.
“My proposal was that after the expiration of 20 years upon the commencement of the clause removing the presidential term limits, Parliament shall review the terms of that clause with the purpose of maintaining or amending it.”

Sources said Kizige opposed Lyomoki’s proposal, saying it was meant to derail the transition process.

“We know that it is important that the term limits be lifted, but there have been some fears that supposing that provision is abused, there should be some future safeguards,” said Lyomoki.
“I am writing a minority report saying that the indefinite eligibility be reviewed after 20 years and my report will be appended to the main report,” he added.

In April, another proposal by MP Mutebi Kityo to retain term limits but operationalise the article after the 2006 elections was rejected by the Movement MPs.

Some MPs also opposed reducing their term of office which ends in July 2006 by about three months to coincide with the presidential elections slated for March next year.

According to parliamentary procedure, the minority reports are disposed of first before main reports.

The question whether to amend Article 105 (2) has been the most widely debated in the transition process and had attracted criticism from donor countries.

However, the debate has been concentrated on the personality of the incumbent, President Yoweri Museveni, rather than on the merits and demerits of the principle.

In the Constitutional Review Commission, the chairman, Prof. Frederick Ssempebwa and a member, Sam Owori, wrote minority reports on the third term.
There are two broad perceptions on term limits. Anti-third term activists argue that Museveni is an obstacle to democratisation process.

They say he has lost direction on institution building, teamwork and open methods of work and is using the incumbency to manipulate the electoral process.

Some donors have also raised concern.

But the pro-third term advocates associate Museveni with relative peace and stability, which most areas of Uganda have enjoyed and want him to be given another term to complete his vision.
Ends

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