Parties can legally operate
Apr 08, 2003
PRESIDENT Yoweri Museveni at the recent Movement’s National Conference, warned Multipartyists not to hold rallies before the Constitution is amended to allow multiparty politics.
Midweek Opinion with John Kakande
PRESIDENT Yoweri Museveni at the recent Movement’s National Conference, warned Multipartyists not to hold rallies before the Constitution is amended to allow multiparty politics.
Nonetheless, following the March 21, 2003 Constitutional Court ruling, it appears the President’s warning no longer has any legal basis, even though the Constitution has not yet been amended .
The Constitutional Court nullified sections 18 and 19 of the Political Parties and Organisations Act, 2002 affirming that the provisions “impose unjustifiable restrictions or limitations on the activities of Political Parties and Organisations,†and render the Parties “non functional and inoperative.â€
Under Section 18, the Parties are prohibited from sponsoring or campaigning for a candidate in the Presidential, Parliamentary or other elections. It is also illegal for candidates to use any Party symbol, colour or name. Political Parties are further barred from opening offices below the national level; holding public meetings, except for national conferences, executive committee meetings, seminars and conferences at the national level.
Section 19 prohibited the Parties from carrying out “any activity that may interfere with the operation of the Movement political system.â€
These provisions sought to recycle Article 269 of the Constitution and re-impose party restrictions. This was because Article 269 elapsed after the PPOA 2002 came into force. The provisions were therefore the core of the Act. The ruling has effectively rendered the Act, hollow leaving the Movement vulnerable to legal and political challenge.
There is no law now that stops Parties or other political organisations from holding public rallies, fielding and sponsoring candidates in the national and local elections.
The Government is in serious dilemma. If the Supreme Court does not overturn the Constitutional Court’s ruling, Government wont able to legally enforce party restrictions, except through amending the Constitution. But now that the Movement has endorsed opening up the political space, it is inconceivable that it would seek to amend the Constitution to re-impose the restrictions.
On the other hand, without a relevant law restricting the Party activities, the Government would have two hard political choices: Either to let the Parties to freely operate or to ignore the Court ruling and order the Inspector General of Police, to enforce the illegal and unconstitutional party restrictions.
PRESIDENT Yoweri Museveni at the recent Movement’s National Conference, warned Multipartyists not to hold rallies before the Constitution is amended to allow multiparty politics.
Nonetheless, following the March 21, 2003 Constitutional Court ruling, it appears the President’s warning no longer has any legal basis, even though the Constitution has not yet been amended .
The Constitutional Court nullified sections 18 and 19 of the Political Parties and Organisations Act, 2002 affirming that the provisions “impose unjustifiable restrictions or limitations on the activities of Political Parties and Organisations,†and render the Parties “non functional and inoperative.â€
Under Section 18, the Parties are prohibited from sponsoring or campaigning for a candidate in the Presidential, Parliamentary or other elections. It is also illegal for candidates to use any Party symbol, colour or name. Political Parties are further barred from opening offices below the national level; holding public meetings, except for national conferences, executive committee meetings, seminars and conferences at the national level.
Section 19 prohibited the Parties from carrying out “any activity that may interfere with the operation of the Movement political system.â€
These provisions sought to recycle Article 269 of the Constitution and re-impose party restrictions. This was because Article 269 elapsed after the PPOA 2002 came into force. The provisions were therefore the core of the Act. The ruling has effectively rendered the Act, hollow leaving the Movement vulnerable to legal and political challenge.
There is no law now that stops Parties or other political organisations from holding public rallies, fielding and sponsoring candidates in the national and local elections.
The Government is in serious dilemma. If the Supreme Court does not overturn the Constitutional Court’s ruling, Government wont able to legally enforce party restrictions, except through amending the Constitution. But now that the Movement has endorsed opening up the political space, it is inconceivable that it would seek to amend the Constitution to re-impose the restrictions.
On the other hand, without a relevant law restricting the Party activities, the Government would have two hard political choices: Either to let the Parties to freely operate or to ignore the Court ruling and order the Inspector General of Police, to enforce the illegal and unconstitutional party restrictions.