Elders reject Age Limit Bill

A conclave of elders has asked Members of Parliament pushing for constitutional amendments to shelve the ‘Age Limit Bill’, they said only seeks “to suit one person’s interest”.
The elders’ forum also reminded President Museveni who will be 77 in 2021, when his current five-year term expires, that “time has come for him to rest so that a new generation can take over” the reins of the country.
Some of the elders who convened in Kampala last Friday to discuss the proposed national dialogue called for wider consultations and warned that if the Bill is rushed through Parliament, there will be consequences — it will sow seeds of disunity in the country and undermine peace and stability.

Warning
Former Prime Minister Apolo Nsibambi and former Chief Justice Samuel William Wako Wambuzi were outspoken and in no uncertain terms warned those pushing for the removal of age limit caps to go slow on.
They have reminded MPs that no Constitution in the world can be all inclusive and called those calling for removal of constitutional safeguards “misguided”.
“The President himself said when one is 75 years old, [he or she] gets tired. He himself has said that so why do you ... him?” Prof Nsibambi questioned those hawking the disputed Constitutional amendments.
Acknowledging Mr Museveni’s contribution to the development of the country, Prof Nsibambi said, time has come for him to rest so that a new generation can take over the leadership.
He also advised the NRM leader “to accept that people shape the nation but after sometime they must allow the nation and the institution to shape them.”
With a smirking face, Mr Wambuzi paused and questioned the proponents of the Age Limit Bill on why they are rushing with the amendment without the input of Ugandans.
He reminded the architects of the Bill about the hegemony of the Constitution and the need to move cautiously because Ugandans need a happy, peaceful and prosperous nation.
“The national Constitution is the fundamental law, the supreme law I think [the people in Parliament] should pay due respect to the Constitution not to jump and amend the Constitution merely to suit one person’s interest”, he counseled.
He also warned that the Constitution must only be amended when it must, adding that the supreme law cannot be amended every time an obstacle is envisaged by one person who wants to stay in power for life.
He reminded the pro-age limit removal members that it took over five years to come up with the 1995 Constitution and therefore cannot be amended in just two weeks or even months.
Justice James Ogoola, the retired Principal Judge of the High Court and the chairperson of The Elders Forum of Uganda criticised those plotting against the age limit cap and wondered why the age limit proponents are rushing to amend the constitution without involving the citizens.
A Private Members Bill on the Constitutional amendments was tabled on September 27, amid fierce protests Parliament.
The bill was drafted by Igara West MP, Raphael Magyezi and it has the Cabinet backing. It was tabled after security operatives raided Parliament and evicted MPs opposed to the Bill.
Trouble started after Speaker Rebecca Kadaga suspended some of the MPs opposed to the removal of age limit.
The scuffle in Parliament left some legislators hospitalised and others arrested on various charges.
The Bill is now property of Parliament and is before Legal and Parliamentary Affairs Committee.
The committee starts public hearings on October 31.
Those pushing for the amendments insist that Article 102 (b) is discriminatory and should therefore be amended to allow those above 75 years and below 35 contest for presidency.
To illustrate their argument that their Bill is not simply hell-bent on helping Mr Museveni to contest for the sixth-elective term, the Bill proposes separate amendments to Article 104 [challenging a presidential election], Chapter 11 [Local government system] and Article 61[Functions of the Electoral Commission].
On challenging a presidential election petition, the Bill proposes to amend Article 104 and increase the deadline for filing the petition challenging presidential election results from the current 10 days to 15 days.
Clause 3 provides that the Supreme Court shall inquire into and determine the petition expeditiously and shall declare its findings not later than 45 days from the date the petition is filed.
Under Clause 6, where such an election is annulled by court, a fresh election shall be held within 60 days from the date of the annulment.
An amendment to Article 60 proposes that the Electoral Commission shall hold presidential, general parliamentary and local government council elections within the first 30 days of the last 120 days before the expiration of the term of office of the president.
Justice Ogoola however, warned that the issue of the amendment should not only be handled by the few legislators, but the entire nation should be involved through wider consultations and dialogue.
“Our view on this is that yes if we find big difficulties with it, let’s take it to those who own the Constitution, let them discuss its merits and demerits up and down in a measured way”, Justice Ogoola said.
Ms Rhoda Nsibirwa Kalema, the first female legislator and a former member of the Constituency Assembly, who took part in the drafting of the 1995 Constitution faulted the government for failing to translate the supreme law into major local languages for easy understanding by those who do not understand the English language.

Key issues

Biased. The proponents of the Bill insist that Article 102 (b) is discriminatory and should therefore be amended to allow those above 75 years and below 35, contest for presidency.
Petition. On challenging a presidential election petition, the Bill proposes to amend Article 104 and increase the deadline for filing the petition challenging presidential election results from the current 10 days to 15 days.
Cancelling poll. Under Clause 6, where such an election is annulled by court, a fresh election shall be held within 60 days from the date of the annulment.
Role of EC. An amendment to Article 60 proposes that the Electoral Commission shall hold presidential, parliamentary and local government council elections within the first 30 days of the last 120 days before the expiration of the term of office of the president.