Two citizens have gone to the Constitutional court to challenge President Museveni’s appointment of MPs to cabinet, saying it is unconstitutional.
In their petition, Isaac Wadada and Hamim Nsimbe, argue that the appointment of MPs to cabinet is inconsistent with Article 113(4) which prohibits ministers from holding offices of profit or emolument.
“That the appointment of ministers by the president from among members of parliament under article 113 (1) of the Constitution creates conflict of allegiances as the same persons subscribe to two conflicting oath of minister and oath of Member of Parliament is inconsistent or in contravention of articles 115 and 81 (4) of the Constitution,” the petition reads.
Through Kiwanuka and Mpiima advocates, the duo asserts that the intention of the article was to prohibit MPs from holding offices of profit, which is likely to compromise their office. The petitioners want the court to rule that MPs who are appointed to cabinet but refuse to resign from their role as legislators are in breach of several provisions of the Constitution.
It adds, “That court should grant permanent injunction stopping MPs from holding office of the minister yet at the same time they serve as members of parliament.”
ELECTORAL COMMISSION
In the same petition, Wadada and Nsimbe challenge the parliamentary elections organised by the Electoral Commission (EC) in the newly-created districts on grounds that it violated article 61 (a) (c) and (h) of the Constitution.
In August, in the aftermath of the of the general elections, the EC organised parliamentary and local government council elections in the new districts of Kagadi, Kakumiro, Omoro, Rubanda and Kibaale.
But the petitioners contend that the EC had no mandate under the Electoral Commission Act section 20 (2) to organise elections in newly-created districts after the election cycle for 2016 has been completed.
“That with my knowledge as a lawyer, the Electoral Commission Act Cap 140, under section 20 (2) where a district is established after proceedings for an election in the area of the district have commenced, the new district shall only become an electoral district for subsequent elections,” Wadada says in his affidavit in support of the petition.
According to the petitioners, the EC cannot be trusted anymore since the elections it has held have been found to be marred with irregularities by court on several occasions.
dkiyonga@observer.ug