Kadaga defends determination of MPs pay

SALARY PARLIAMENT

Parliament Speaker Rebecca Kadaga has denied any wrongdoing on the part of the Parliament Commission in determining salaries and emoluments of members.

She said that over the years, MPs salaries and other emoluments have been determined in line with the constitutional provisions, contrary to the insinuation of a recent Supreme Court ruling.

In her opening remarks during yesterday's session, Kadaga said she was in possession of a court ruling challenging the procedure in which MPs emoluments are determined under Section 5 of the Parliament Remuneration of Members Act Cap 259.

"Actually the court has instead reiterated the mandate of Parliament to determine its member's emoluments as provided for under Article 85 of the constitution if it is done in line with Article 93 of the same," she said.

Last month, the Supreme Court in judgment read by deputy registrar, Godfrey Opifenyi Anguandia said MPs have no locus increasing their own salaries and other emoluments without going through the executive arm of government.

"Anybody who wants to create a change on the consolidated fund must first inform government (executive) and; Article 93 of the constitution is meant to achieve this," read part of the ruling whose seven-man quorum was chaired by Chief Justice Bart Katureebe.

The Court dismissed with costs an appeal in which the Parliamentary Commission had sought to overturn an earlier judgment by the Constitutional Court ordering MPs to refund all the monies they increased for themselves in the past without following the constitution.

However, Kadaga noted that Parliament has only used the procedure prescribed in section 5 of the  Parliament Remuneration of Members Act Cap 259 of 1981 only once in 2001.

"Since then, Members pay has always been determined in harmony with the provisions of the Constitution," she explained.

Section 5 of the Act in question says that "Parliament may, from time to time, by resolution, amend the Schedule to this Act." The said schedule specifies salaries and gratuities from the office of the Prime Minister to MPs.

In 2011 a concerned citizen Wilson Mwesigye petitioned the Constitutional Court to stop the Parliament Commission from increasing MPs salaries and emoluments using Section 5 of the Parliament Remuneration of Members Act because "It violates the constitution and exploits Ugandans."

Both the Constitutional and Supreme courts unanimously agreed that increasing MPs pay without approval from the Executive without considering Article 93 of the Constitution by way of a Bill or moving a motion is erroneous.

Subsequently, the Supreme Court has since declared Section 5 of the Parliament Remuneration of Members Act Cap 259 of 1981 null and void.

Appropriating the 2019/20 national budget, MPs allocated themselves sh102b to cater for increased fuel prices. They increased their mileage allowances from Sh3,500 per liter to the current pump price estimated at Sh4,300 but they justified it through creating an internal constituency mileage.

Parliament's budget increased from Sh497b in 2018/19 to Sh716b in 2019/20 with the bulk of the money poured into wages.

Mwesigye argues that allowing MPs the latitude to determine their own allowances is not only susceptible to abuse but also births massive salary disparities between lawmakers and other civil servants