Why the President has no power to anoint a successor

Mar 16, 2017

The President of Uganda should remain directly elected by the people of Uganda

By Ahmed Kateregga Musaazi

While debating EBYAFFE constitutional amendment in NRC in 1993, the late Jack Maumbe Mukwana said that what happened during 1966 Uganda Crisis was not a revolution but a palace coup. He was right because Obote after abolishing kingdoms and federal states and replacing them with a very centralised imperial presidency as its CEO, he never held elections.

Otherwise, to borrow from the late Prof. Ali Mazrui, Obote, like the late Dr. Kwame Nkrumah, had turned into a Lenist Tsar. He deposed Sir Edward Muteesa only to make himself king under an imperial presidency that was stopped with the promulgation of 1995 Constitution.

So it is wrong for Uganda, a republic, to call upon a President to anoint his successor. That is tantamount into turning the country into a monarchy. Then why did we shed blood in 1966? Why did we shed blood for 1981-1986 liberation war?

In a people's democratic republic, where there is universal adulthood suffrage and popular participation, it is an insult, to the people, to tell an incumbent President to anoint his successor.

While according to the Bible, Jesus anointed St. Peter as his successor, this is mostly acceptable to Roman Catholics who still regard the Pope as the rightful successor of Peter.  The Greek Orthodox and other Eastern churches have their own popes, one sitting in former Constantinople now Istanbul, the then capital of Byzantium or Eastern Roman Empire, another in Alexander in Egypt, etc… The Protestant churches including Lutherans, Anglicans, Methodists, Pentecostals don't believe in the Papacy at all.

In Sunni or main stream Orthodox Islam, Prophet Muhammad died without anointing a successor. The Muhajiroon or Immigrants, from Mecca wanted to take over. The Answars or helpers, of Medina said it was their turn. Then there were aristocrats of Mecca, who had embraced Islam upon conquest of Mecca, who regarded themselves as natural leaders.

There were also legitimists who insisted that the Prophet's successor must be his blood relative and they pointed on Ali, his cousin and later son in law.

By consensus, they all agreed on Abubakr, who was Prophet Muhammad's comrade right from young days and the first person to embrace Islam after Khadejah, the wife, and Ali, the cousin.

Yet for Shiahs, Abubaker was an usurper after a successful coup, and to them, Ali was the legitimate successor. So in a rightly guided khalifate, Abubaker was elected by consensus, and his successors; Umaru and Uthman were selected in an indirect election or a form of Electoral College and Ali was declared Khalifa after the assassination of his predecessor Uthman.

But even Africa and especially in the Great Lakes Region, in the Kingdom of Buganda, Kabakas don't anoint successors although they may recommend and it is upon the Lukiiko to elect a Kabaka. Thus Kintu did not anoint one of his sons, Chwa l, as his successor neither Chwa did he anoint his grandson, Kimera, who was imported from Kibulala in Singo then in Bunyoro. Under Buganda Agreement of 1900, the Kabaka was elected by Lukiiko from descendents of Kabaka Mukaabya Walugembe Muteesa l. So in kiganda tradition, there is no Crown Prince, as it is the case in the West.

After declaring a Move to the Left strategy, UPC Annual Delegates Conference held at Lugogo Indoor Stadium in 1969 resolved to ban all opposition parties and UPC became the sole party. In 1970, in a National Executive Council that was held in Mbale, a constitutional amendment was adopted where the President of the ruling party, would automatically become the president of Uganda without passing through a universal adulthood suffrage.

Another change was for transitional purposes, in case a President dies, resigns or is removed, there would be a secret box where a name of a High Court judge recommended by the President, would be in charge, until new elections are held. According to the late Gen. Idi Amin Dada, who doubled as Chief of Defence Forces and Army Chief of Staff, Obote was considering to recommend his cousin, Akena Adoko, Director of General Service Unit, whom he was soon to appoint a High Court judge.

In order to avoid all that, the President of Uganda should remain directly elected by the people of Uganda as it has been the case since 1996, and provision in Odoki Draft, for a running mate as a Vice President, which was rejected by Constituent Assembly, should be restored, so that if the President dies, resigns or is impeached, the Vice President completes the term without going into a bye election.

The Sempebwa Report, which also recommended for restoration of regional governments, and this was entrenched in the constitution in 2005, be operationalized as a quasi-federal, as it is the case in Kenya, South Africa and United Kingdom.

Writer is the administrative secretary of the NRM Buganda Regional Task Force

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