MPs endorse third term

Mar 22, 2005

THE legal and parliamentary affairs committee has finally recommended that presidential term limits be deleted from the Constitution.

By Felix Osike

THE legal and parliamentary affairs committee has finally recommended that presidential term limits be deleted from the Constitution.

The committee, which has been scrutinising the omnibus Constitutional Amendment Bill, was due to present its report to the plenary this week but the business and welfare committee pushed it to next week.

“By a majority vote of 6-2, the committee has decided that term limits should be removed,” a source said yesterday.

The recommendation is a major boost to the Cabinet, which has been advocating endless terms for a president.

Article 105 (2) of the 1995 Constitution limits the number of terms a president can serve to two of five years each.

The MPs made the decision during a three-day retreat at the Crested Crane Hotel in Jinja a fortnight ago.
Committee members Moses Kizige, Pataki Amasi, Pereza Ahabwe, Sam Lyomoki, Idah Mehangye and Tom Kayongo voted for the deletion of term limits, while Norbert Mao and Odonga Otto voted against it.

Issa Kikungwe joined them in writing a minority report opposing the move.

Rule 171 of the rules of procedure states, “Any member or members dissenting from the opinion of the majority of the committee may state, in writing, the reasons for their dissent and the statements of the reason shall be appended to the main report.”

The issue of whether to amend Article 105(2) or not has been concentrated on the personality of the incumbent President Yoweri Museveni rather than the merits and demerits of the principle. In the Constitutional Review Commission, which gathered views across the country, the chairman, Prof. Frederick Ssempebwa and a member, Sam Owori, wrote minority reports on the third term.

Four MPs, Dan Kidega, Maj. James Kinobe, Alex Ndeezi and Rose Namayanja, in Munyonyo voted for Mutebi Kityo’s motion, which sought to retain term limits but operationalise the article after the 2006 elections.

Kityo withdrew it following a decision at a recent meeting at Speke Resort Munyonyo, where the NRM caucus supported lifting term limits.

Committee chairman Jacob Oulanyah and other members Mary Karooro, Godfrey Kiwanda and Rex Achilla did not vote but were expected to defend their decision when the matter comes up for debate. Oulanyah yesterday declined to comment, saying the committee would make its decision known when he presents the report.

The final decision on term limits now rests with the Plenary, where the Government enjoys a comfortable majority.

In the previous report on the Government White Paper, the committee had left the matter open, saying it had become controversial and had to be decided through the vote.

There are two broad perceptions on term limits. On one hand are those who have taken the anti-third term perspective. They argue that President Museveni is an obstacle to the democratisation process in Uganda, and that he has lost direction on institution building, teamwork and open methods of work and used the incumbency to manipulate the electoral process.

On the other hand, 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.

The committee has also given its position on the contested omnibus Bill. The Bill seeks to amend 114 articles and schedules of the 1995 Constitution, including Article 74 on the change of political systems.

The committee last December met President Museveni advised that the Bill be split into three for easy processing. But Cabinet introduced only one comprehensive Bill dealing with all the amendments.

MPs Ben Wacha, Miria Matembe and Abdu Katuntu have challenged the Bill in court.

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