FDC wins LC1 election petition
Apr 03, 2007
The Constitutional Court yesterday ruled that the existing laws are unconstitutional.
By Hillary Nsambu and Charles Ariko
The elections for village committees, women and youth councils will not be conducted until the laws governing the polls are changed.
The Constitutional Court yesterday ruled that the existing laws are unconstitutional.
Whereas justices Galdino Magellan Okello, Alice Mpagi-Bahigeine, Stephen George Engwau and Constance Kategaya Byamugisha concurred that the present laws were illegal, Justice Stephen
Kavuma disagreed with them.
“The Executive needs to initiate an amendment in Parliament of the concerned provisions of these laws to reflect the embraced multiparty system,†the court ruled.
Maj. Rubaramira Ruranga of the electoral commission of the Forum for Democratic Change (FDC), petitioned the court challenging the constitutionality of several provisions of the Local Government Act, the National Women’s Council Act and the National Youth Council Act.
He also challenged the constitutionality of the guidelines issued by the Electoral Commission (EC), prohibiting political parties from holding campaigns while contesting for posts in local, women and youth councils.
The judgement mainly affected village and parish administrative units commonly known as LC1 and LC2 councils respectively.
After passing the judgment, Wandera Ogalo, who represented Ruranga, suggested that the Government should make a new
law for the poll.
Badru Kiggundu, the chairman of the EC, declined to comment on the ruling yesterday.
However, commissioner Joseph Biribonwa said the judgment was fair.
“It (judgment) gives a lot of homework to the stakeholders.â€
When asked whether they were going to appeal against the ruling, the EC lawyer, Alfred Okello Oryem, said: “The EC takes decisions, not me.â€
He explained: “When court says this is unconstitutional, any self-respecting Government would remove the existing laws. What we have is illegal. If it were me, I would declare that the LCs do not exist.â€
In his petition, Rubaramira contended that the Government needed to draw a programme for civic education which should not only be restricted to teaching voters how to vote.
The programme, he said, should take place long before the elections are due to be held.
He said the EC needed to formulate the education programme, submit it for public debate, adopt it after the debate and implement it.
He proposed that the voters should be taught the purpose of election.
Rubaramira also challenged the impartiality of the returning officers who are the chief administrative officers at the district levels as well as county, sub-county and parish chiefs at lower levels.
Rubaramira asserted that these are government employees and therefore are under the control of the governing political party.
The elections for village committees, women and youth councils will not be conducted until the laws governing the polls are changed.
The Constitutional Court yesterday ruled that the existing laws are unconstitutional.
Whereas justices Galdino Magellan Okello, Alice Mpagi-Bahigeine, Stephen George Engwau and Constance Kategaya Byamugisha concurred that the present laws were illegal, Justice Stephen
Kavuma disagreed with them.
“The Executive needs to initiate an amendment in Parliament of the concerned provisions of these laws to reflect the embraced multiparty system,†the court ruled.
Maj. Rubaramira Ruranga of the electoral commission of the Forum for Democratic Change (FDC), petitioned the court challenging the constitutionality of several provisions of the Local Government Act, the National Women’s Council Act and the National Youth Council Act.
He also challenged the constitutionality of the guidelines issued by the Electoral Commission (EC), prohibiting political parties from holding campaigns while contesting for posts in local, women and youth councils.
The judgement mainly affected village and parish administrative units commonly known as LC1 and LC2 councils respectively.
After passing the judgment, Wandera Ogalo, who represented Ruranga, suggested that the Government should make a new
law for the poll.
Badru Kiggundu, the chairman of the EC, declined to comment on the ruling yesterday.
However, commissioner Joseph Biribonwa said the judgment was fair.
“It (judgment) gives a lot of homework to the stakeholders.â€
When asked whether they were going to appeal against the ruling, the EC lawyer, Alfred Okello Oryem, said: “The EC takes decisions, not me.â€
He explained: “When court says this is unconstitutional, any self-respecting Government would remove the existing laws. What we have is illegal. If it were me, I would declare that the LCs do not exist.â€
In his petition, Rubaramira contended that the Government needed to draw a programme for civic education which should not only be restricted to teaching voters how to vote.
The programme, he said, should take place long before the elections are due to be held.
He said the EC needed to formulate the education programme, submit it for public debate, adopt it after the debate and implement it.
He proposed that the voters should be taught the purpose of election.
Rubaramira also challenged the impartiality of the returning officers who are the chief administrative officers at the district levels as well as county, sub-county and parish chiefs at lower levels.
Rubaramira asserted that these are government employees and therefore are under the control of the governing political party.