Buganda MPs reject traditional leaders’ bill
Dec 24, 2010
MEMBERS of Parliament from Buganda region yesterday unanimously resolved to oppose the newly introduced bill on traditional leaders demanding that government withdraws it immediately.
By Mary Karugaba
MEMBERS of Parliament from Buganda region yesterday unanimously resolved to oppose the newly introduced bill on traditional leaders demanding that government withdraws it immediately.
In a stormy meeting at parliament yesterday after a brief from Mengo attorney general Apollo Makubuya and minister for research David Mpanga, the legislators also resolved to de-campaign the Bill in their constituents during their campaigns.
Mpanga took the MPs through the Bill article by article explaining the dangers likely to happen if passed in its current form. Makubuya described the Bill the worse than the Land Bill “because it touches the freedom of the Kabaka.â€
“We are very concerned that for the last three years, government has been bringing laws that have affected us so much. But this time, if they (government) does not withdraw it, we are ready to go to court,†Makubuya said.
Among those who strongly opposed the Bill were Rose Sseninde, Lulume Mayiga, Ruth Kavuma, Hussein Kyanjo, Rose Namayanja, Rebecca Nalwanga, Erias Lukwago, Matthias Nsubuga, Lule Mawiya, Betty Namboze and Latif Ssebagala.
The Government last week tabled to Parliament the Institution of Traditional or Cultural Leaders Bill, 2010, that seeks to operationalise article 246 of the constitution, on the institution of traditional/cultural leaders.
The over 30 members, described the Bill as unconstitutional and said there was nothing good about it and suspected the Bill to be targeting certain Kings.
They criticised Government of smuggling into Parliament and rushing to pass the Bill when majority of the MPs are busy campaigning.
“Today, we have resolved that as members of parliament from Buganda we shall not support this Bill and we ask government to immediately withdraw it,†the caucus chairperson Rose Namayanja said while summarising the caucus resolutions.
They agreed to meet Parliament’s joint committees on Legal and Constitution affairs and Gender on January3, 2011to express their disappointment and resolutions. “The speaker should stop the committee proceedings now because majority of the members are in campaigns. Why is Government rushing to pass the Bill?†Sylvia Namabidde said.
Others complained that unlike other Bills, they have never received or seen the Bill for scrutiny.
Theodore Ssekikubo, Mathias Nsubuga, Betty Namboze and Dr. Lulume Mayiga kept banging tables prompting Latif Ssebaga and Namayanja to constantly call the meeting to order. The MPs sung over and over the Buganda kingdom anthem to show their commitment to the Kingdom issues.
Ssekikubo amused colleagues when he apologised on behalf of NRM party for the ‘bad Bill.†“I take this opportunity to apologise to Ugandans on behalf of NRM over the bad feeling created by this Bill and call upon the Government and President Museveni to withdraw it,†he said to applause from members.
Earlier Makubuya and Mpanga, accompanied by over 20 MPs from Buganda presented a petition to the Speaker of Parliament Edward Ssekandi on behalf the Katikkiro J.B. Walusimbi urging Government to withdraw the Bill.
In the petition, Mengo was concerned that the Bill that seeks to operationalise article 246 of the constitution contains many clauses that are unconstitutional.
Makubuya said that although Parliament has powers to make laws on any matter for peace, order, development and good governance under article 79 of the constitution, such laws must be consistent with and in accordance with the supreme law.
“The Kingdom of Buganda is thus very disturbed by this Bill. If it is passed in its current laws, it will not only violate the constitutional human rights of the Kabaka of Buganda but will also be unconstitutional,†the petition reads.
Makubuya cited section 15(1), which forbids a traditional leader from dealing with foreign governments, except with approval from the minister for foreign affairs.
It also empowers the foreign affairs minister to form guidelines to regulate any dealings between cultural leaders and officials of foreign governments.
Under the Bill, traditional leaders are not immune from prosecution. “A traditional or cultural leader is personally liable for any civil wrongs or criminal offences committed by them or their agents,†the Bill asserts.
Section 9(2) states that where there is more than one cultural leader in an area of a regional government, the position of titular head shall be rotational for one year at a time.
“This means that for the case of Buganda, the Kabaka will be a titular head of the kingdom for one year and handover to Ssaabaruli or Ssabanyala,†Makubuya said, to the shock of thousands of participants attending the conference.
Ssekandi said it is not his responsibility to withdraw the Bill but will pass on the officials concerns to the minister and the committee for debate.
MEMBERS of Parliament from Buganda region yesterday unanimously resolved to oppose the newly introduced bill on traditional leaders demanding that government withdraws it immediately.
In a stormy meeting at parliament yesterday after a brief from Mengo attorney general Apollo Makubuya and minister for research David Mpanga, the legislators also resolved to de-campaign the Bill in their constituents during their campaigns.
Mpanga took the MPs through the Bill article by article explaining the dangers likely to happen if passed in its current form. Makubuya described the Bill the worse than the Land Bill “because it touches the freedom of the Kabaka.â€
“We are very concerned that for the last three years, government has been bringing laws that have affected us so much. But this time, if they (government) does not withdraw it, we are ready to go to court,†Makubuya said.
Among those who strongly opposed the Bill were Rose Sseninde, Lulume Mayiga, Ruth Kavuma, Hussein Kyanjo, Rose Namayanja, Rebecca Nalwanga, Erias Lukwago, Matthias Nsubuga, Lule Mawiya, Betty Namboze and Latif Ssebagala.
The Government last week tabled to Parliament the Institution of Traditional or Cultural Leaders Bill, 2010, that seeks to operationalise article 246 of the constitution, on the institution of traditional/cultural leaders.
The over 30 members, described the Bill as unconstitutional and said there was nothing good about it and suspected the Bill to be targeting certain Kings.
They criticised Government of smuggling into Parliament and rushing to pass the Bill when majority of the MPs are busy campaigning.
“Today, we have resolved that as members of parliament from Buganda we shall not support this Bill and we ask government to immediately withdraw it,†the caucus chairperson Rose Namayanja said while summarising the caucus resolutions.
They agreed to meet Parliament’s joint committees on Legal and Constitution affairs and Gender on January3, 2011to express their disappointment and resolutions. “The speaker should stop the committee proceedings now because majority of the members are in campaigns. Why is Government rushing to pass the Bill?†Sylvia Namabidde said.
Others complained that unlike other Bills, they have never received or seen the Bill for scrutiny.
Theodore Ssekikubo, Mathias Nsubuga, Betty Namboze and Dr. Lulume Mayiga kept banging tables prompting Latif Ssebaga and Namayanja to constantly call the meeting to order. The MPs sung over and over the Buganda kingdom anthem to show their commitment to the Kingdom issues.
Ssekikubo amused colleagues when he apologised on behalf of NRM party for the ‘bad Bill.†“I take this opportunity to apologise to Ugandans on behalf of NRM over the bad feeling created by this Bill and call upon the Government and President Museveni to withdraw it,†he said to applause from members.
Earlier Makubuya and Mpanga, accompanied by over 20 MPs from Buganda presented a petition to the Speaker of Parliament Edward Ssekandi on behalf the Katikkiro J.B. Walusimbi urging Government to withdraw the Bill.
In the petition, Mengo was concerned that the Bill that seeks to operationalise article 246 of the constitution contains many clauses that are unconstitutional.
Makubuya said that although Parliament has powers to make laws on any matter for peace, order, development and good governance under article 79 of the constitution, such laws must be consistent with and in accordance with the supreme law.
“The Kingdom of Buganda is thus very disturbed by this Bill. If it is passed in its current laws, it will not only violate the constitutional human rights of the Kabaka of Buganda but will also be unconstitutional,†the petition reads.
Makubuya cited section 15(1), which forbids a traditional leader from dealing with foreign governments, except with approval from the minister for foreign affairs.
It also empowers the foreign affairs minister to form guidelines to regulate any dealings between cultural leaders and officials of foreign governments.
Under the Bill, traditional leaders are not immune from prosecution. “A traditional or cultural leader is personally liable for any civil wrongs or criminal offences committed by them or their agents,†the Bill asserts.
Section 9(2) states that where there is more than one cultural leader in an area of a regional government, the position of titular head shall be rotational for one year at a time.
“This means that for the case of Buganda, the Kabaka will be a titular head of the kingdom for one year and handover to Ssaabaruli or Ssabanyala,†Makubuya said, to the shock of thousands of participants attending the conference.
Ssekandi said it is not his responsibility to withdraw the Bill but will pass on the officials concerns to the minister and the committee for debate.