Rebel MPs hail Kadaga

By Henry Sekanjako and Mary Karugaba   

Rebels MPs have hailed the Speaker of Parliament Rebecca Kadaga for upholding the constitution in a land mark ruling which saw the expelled legislators retaining their seats.

"We thank the Speaker upon this ruling and upholding the constitution, it is now upon NRM members to speak their mind and perform their role without fear or favour," said Niwagaba.

Kadaga Thursday ruled that the four Members of Parliament expelled by the National resistance Movement will retain their seats.

Kadaga rejected the NRM's demand that she declares their seats vacant in order for the Electoral Commission to organize by-elections.

The MPs are Theodore Ssekikubo (Lwemiyaga County), Mohammed Nsereko (Kampala central) Barnabas Tinkasimire (Buyaga west) and Wilfred Niwagaba (Ndorwa East).

Delivering her long awaited ruling on the matter Thursday during the Plenary, Kadaga said there is no provision in the Constitution that deals with MPs expelled by their political parties.  

"It is my firm belief a decision on this matter has the potential of having serious Constitutional ramifications. This is especially so that the office of a Member of Parliament is a weighty office which goes to the core of our democracy and therefor a decision to declare such an office vacant can only be made on clear unambiguous and unequivocal provisions of the law," said Kadaga amidst applause from MPs.

"I don't find such circumstances pertaining. The matter calls for caution on all parties involved. I am inclined to err on the side of caution and protect the interests of the MPs as I am duty bound," she added.

She stated in a four-page ruling that she was not persuaded beyond doubt that she should direct the Clerk to parliament to declare the four seats as vacant.

Kadaga quoted article 83 clause  (1) (a) of the constitution on the tenure of office of a member of parliament which, among other things, provides that an MP shall vacate his or her seat in parliament, if he or she leaves the political party on whose ticket she was elected.  She observed that the article does not cater for MPs expelled by their parties.

Following the Speaker's ruling, the Government Chief Whip Kasule Lumumba asked the Speaker to clarify on which side the expelled MPs would sit.

Kadaga said the MPs would sit in the middle compartment facing her.

Lumumba also said that the NRM had withdrawn the MPs from membership and chairmanship to parliamentary committees.

Tinkasimire was the chairman of the parliament's committee on presidential affairs and was replaced by MP Col. Fred Mwesigye with MP Peter Ogwanga as his deputy.

The visibly excited four MPs exited out of the chambers chanting in praise of the Speaker.  Speaking to journalists, the MPs said Kadaga had upheld the Constitution.

NRM spokesperson who also is minister for information, Mary Karooro Okurut said that the Party's central executive committee (CEC) would convene soon to decide on the future course of action.