Cabinet makes proposals to CRC

Sep 03, 2003

Dr. Crispus Kiyonga, the National Political Commissar and Minister without Portfolio, started it all when he recently told a press conference that cabinet had recommended the adoption of federo (federalism) and the lifting of presidential term limits.

By Asuman Bisiika

Dr. Crispus Kiyonga, the National Political Commissar and Minister without Portfolio, started it all when he recently told a press conference that cabinet had recommended the adoption of federo (federalism) and the lifting of presidential term limits.

Some of the reasons Cabinet gave for the need to lift presidential term limits are:

Two term limit turn incumbent presidents into “Lame ducks” because they cease to be the central figures in the governance of the state during a second term.

Elections have an in-built mechanism to provide the equivalent of term limits to remove bad or poor and incompetent leadership.

The historical quest to build durable institutions of democratic governance is to trust the people from whom all power emanates.

The whole argument for term limits is a disguise for personal ambitions. The cloak of democracy which pro-term wrap around themselves wears very thin when you examine it closely.

The effect of limiting presidential terms is to cede power to bureaucrats because new presidents tend to depend heavily on the unelected bureaucrats for at least the first term. In Uganda where we have a weak bureaucracy, it is not prudent to depend on them to manage the presidency.

All over the world there is no debate on the issue of term limits for elective offices.

On Federo, Cabinet resolution was within the framework of Article 178 of the 1995 Constitution which provides that two or more districts can co-operate in the areas of culture and development.

Although the adoption of Federo and the lifting of presidential term limits (now called “Third Term” in political lingua) have attracted public attention. Cabinet made recommendations on many other issues some of them with far-reaching implications on the democratisation process. For instance, Cabinet recommended the compulsory acquisition of land by government for investment.

Although cabinet resolved that there should be prompt compensation for expropriated landed, this compensation will not be a condition precedent for expropriation.

Cabinet also resolved that in the event of an impasse between the Parliament and the Executive, both organs of government would dissolve. It reasoned that the possibility of a dissolution would cause both the executive and the legislature to weigh carefully the ultimate consequences of their actions and the interest of the people.

Cabinent also resolved that Presidential, Parliamentary and Local Government Elections be held on the same day and the term of office of local governments be increased from four to five years in order to have presidential, parliamentary and Local Government elections on the same day. This is important for the democratisation process because it would reduce the president-elect’s influence on the outcome of the Parliamentary and Local Government elections. They also resolved that the Constitution should set out a procedure for censuring ministers and any complaint should be lodged with the Speaker of Parliament who forwards it to the IGG to carry out exhaustive investigations. The House may then proceed to act on the recommendations of the IGG. A minister can only be censured for abuse of office and misconduct or misbehaviour likely to bring hatred, ridicule, contempt or disrepute to the office.

On the issue of presidential nominees for appointment, Cabinet resolved that withholding approvals should be clear and restricted to lack of qualification and record of conviction of a felony.

The Public Service Commission should have overriding powers over District Service Commissions in disciplining chief administrative officers.

However, these recommendations are to be subjected to the review process of the Constitutional Review Commission (CRC) whose report will form the basis of a government White Paper that will be debated by Parliament.

There are still other issues of national importance (under the review of the CRC) on which government has not made any recommendations. For instance, the Commission is to re-examine the provisions relating to the acquisition and loss of citizenship and recommend whether dual citizenship should be allowed, particularly with regard to Ugandans living in the Diaspora. Secondly, to review the role and funding of traditional or cultural institutions and make appropriate recommendations. Initially, the Traditional and Cultural Institutions were supposed to be self-sustaining. It should be of concern that the public may now be asked to fund these institutions.

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