Court outlaws MPs deciding own pay
Court outlaws MPs deciding own pay. File photo
Kampala- The Constitutional Court has outlawed a clause that authorises lawmakers to determine their own emoluments without the approval of government through a resolution, motion or a Bill.
In a unanimous decision by a panel of five justices led by deputy Chief Justice Steven Kavuma, the court held that a Bill or motion must be brought on behalf of government and not through a proposal by the Parliamentary Commission as is the case today.
Other justices are Eldad Mwangusya, Richard Buteera, Lillian Tibatemwa and FMS Egonda – Ntende.
“Much as Parliament is constitutionally empowered to determine the emoluments of its members, the Bill or motion or resolution, which is the subject of such emoluments, must originate from the government and Parliament would then be empowered to consider the same and determine the emoluments of the MPs,” court held in a unanimous decision.
The court declared that Section 5 of the Parliament (Remuneration of Members) Act is unconstitutional and contravenes the Constitution but declined to award damages to the complainant, Mr Wilson Mwesigye.
Section 5, according to court, provides that Parliament may from time to time, by a resolution, amend the schedule to this Act.
“We are not inclined to award damages to the petitioner as he has not personally been injured but the public purse of the Republic of Uganda and there will be sufficient recompense in understanding that a stop has been put to the unconstitutional goings on in this regard,” the court ruled.
Article 85 clause 1 of the Constitution states that an MP shall be paid emoluments and shall be provided with such facilities, as may be determined by Parliament.
