Opposition MPs’ walkout of no effect
Feb 14, 2007
AS recent events amply illustrate, the threat to judicial independence does not always emerge from the executive branch of government. For when Judge Eridadi Mwangusya, in his wisdom, ruled for the continued detention of the Peoples Redemption Army (PRA) treason suspects, FDC’s Col. Kizza Besigye,
By Kintu Nyago
AS recent events amply illustrate, the threat to judicial independence does not always emerge from the executive branch of government. For when Judge Eridadi Mwangusya, in his wisdom, ruled for the continued detention of the Peoples Redemption Army (PRA) treason suspects, FDC’s Col. Kizza Besigye, within the grounds of the High Court undermined the judiciary’s integrity through all manner of abusive language.
Amongst others he referred to the eminent judges as worthless incompetents with biased judgment.
A day earlier, the Leader of the Opposition, Prof. Ogenga Latigo, and 70 or so opposition MPs had stormed out of Parliament to show solidarity with Besigye’s position on the continued detention of the PRA suspects. Their argument was that these suspects are entitled to bail regardless of the gravity of the cases they are accused of, or the implication of their release in relation to the public’s well being or indeed state security. This position is based on Justice Lugayizi’s controversial interpretation. However, the executive did appeal to the Constitutional Court which quashed the Lugayizi interpretation. Furthermore the higher court asserted that the granting of bail is dependent on the discretion of court.
As Harold Wilson reminded us, a week is a long time in politics. For just a day after the Latigo Walkout, Justice Mwangusya detained the PRA suspects until March. This was because, on appearing in court, they lacked legal representation and also opted to keep silent during the proceedings.
Against this background, it would be obscurantist to argue that the PRA suspects are currently being detained extra judicially. Probably Prof. Latigo and company are erroneously emulating DP’s walkout from the Obote II Parliament.
Then, Dr. Ssemogerere and the DP legislators, who constituted the opposition, rightly walked out of Parliament after their colleague, the youthful Ssebugwawo representing Mityana North, was killed at an army road block. This was after Ssebugwawo invoked the principle of parliamentary immunity and criticised Chief of Staff Maj. Gen. Oyite Ojok’s unhealthy doubling of roles as Chairman of the lucrative Coffee Marketing Board. The DP leadership had also, rightly, criticised the then prevailing wanton state inspired violence on the population.
Currently the PRA has a prima facie treason case being handled by a competent court. A hallmark of the rule of law. Moreover, three former suspects, including their field commander, Capt. Katabazi, confessed to attempting to overthrow Uganda’s constitutional order. Ironically it’s Besigye, Latigo and company who are usurping the judiciary’s roles and functions by creating a parallel trial of the PRA suspects in the incompetent court of public opinion, on FM talk shows and in suburbs like Katwe and Kinyoro. This in effect undermines the rule of law.
What effect will the Latigo walkout have on Parliament’s normal functioning? Apparently none, despite the hullabaloo associated with this act. The rules of Parliamentary procedure clearly dictate that Parliament’s proceedings would be legitimate if it’s properly constituted and convened and is properly sitting.
Parliament is convened by either the Clerk to Parliament or the Speaker. Parliament is properly constituted if it’s presided over by the Speaker.
And Parliament is properly sitting if its deliberations are conducted in the August House. All of which are currently occurring. Actually, given that the NRM has a Parliamentary two-thirds representation, it could even legitimately effect constitutional amendments in the absence of the opposition.
AS recent events amply illustrate, the threat to judicial independence does not always emerge from the executive branch of government. For when Judge Eridadi Mwangusya, in his wisdom, ruled for the continued detention of the Peoples Redemption Army (PRA) treason suspects, FDC’s Col. Kizza Besigye, within the grounds of the High Court undermined the judiciary’s integrity through all manner of abusive language.
Amongst others he referred to the eminent judges as worthless incompetents with biased judgment.
A day earlier, the Leader of the Opposition, Prof. Ogenga Latigo, and 70 or so opposition MPs had stormed out of Parliament to show solidarity with Besigye’s position on the continued detention of the PRA suspects. Their argument was that these suspects are entitled to bail regardless of the gravity of the cases they are accused of, or the implication of their release in relation to the public’s well being or indeed state security. This position is based on Justice Lugayizi’s controversial interpretation. However, the executive did appeal to the Constitutional Court which quashed the Lugayizi interpretation. Furthermore the higher court asserted that the granting of bail is dependent on the discretion of court.
As Harold Wilson reminded us, a week is a long time in politics. For just a day after the Latigo Walkout, Justice Mwangusya detained the PRA suspects until March. This was because, on appearing in court, they lacked legal representation and also opted to keep silent during the proceedings.
Against this background, it would be obscurantist to argue that the PRA suspects are currently being detained extra judicially. Probably Prof. Latigo and company are erroneously emulating DP’s walkout from the Obote II Parliament.
Then, Dr. Ssemogerere and the DP legislators, who constituted the opposition, rightly walked out of Parliament after their colleague, the youthful Ssebugwawo representing Mityana North, was killed at an army road block. This was after Ssebugwawo invoked the principle of parliamentary immunity and criticised Chief of Staff Maj. Gen. Oyite Ojok’s unhealthy doubling of roles as Chairman of the lucrative Coffee Marketing Board. The DP leadership had also, rightly, criticised the then prevailing wanton state inspired violence on the population.
Currently the PRA has a prima facie treason case being handled by a competent court. A hallmark of the rule of law. Moreover, three former suspects, including their field commander, Capt. Katabazi, confessed to attempting to overthrow Uganda’s constitutional order. Ironically it’s Besigye, Latigo and company who are usurping the judiciary’s roles and functions by creating a parallel trial of the PRA suspects in the incompetent court of public opinion, on FM talk shows and in suburbs like Katwe and Kinyoro. This in effect undermines the rule of law.
What effect will the Latigo walkout have on Parliament’s normal functioning? Apparently none, despite the hullabaloo associated with this act. The rules of Parliamentary procedure clearly dictate that Parliament’s proceedings would be legitimate if it’s properly constituted and convened and is properly sitting.
Parliament is convened by either the Clerk to Parliament or the Speaker. Parliament is properly constituted if it’s presided over by the Speaker.
And Parliament is properly sitting if its deliberations are conducted in the August House. All of which are currently occurring. Actually, given that the NRM has a Parliamentary two-thirds representation, it could even legitimately effect constitutional amendments in the absence of the opposition.