A little change in Speaker’s office could do us good

House reforms. The wheel of change moves on and those who were down go up and those who were up go down. Likewise, in a chronically leaking boat, energy devoted to changing vessels is more productive than energy devoted to patching leaks - Jawaharlal Nehr and Warren Buffett.

Like a ship sailing out on a misty trip, so bumpy and so long, far from the seashore and far away from home, Speaker Rebecca Kadaga finds herself in the eye of the storm. In trying to live up to her inaugural promise to be “a just judge”, Ms Kadaga, the most revered political figure in the House, is seemingly trapped in the murky world of our frivolous politics.

For blocking the petition to recall the House from recess to discuss the separation of powers, rule of law and constitutionalism, Ms Kadaga has been labelled “a spineless Speaker” and called all sorts of things. The lawyers said by allowing some MPs to withdraw signatures, she set a terrible precedent. Others said Ms Kadaga was following “orders from above” and that as one of the card-holding leaders of the ruling party; she was under obligation to obey. I am told the former Speaker, James Wapakhabulo (RIP), made a different ruling on withdrawing signatures, but this was ignored.

The politics aside, to protect the integrity of Parliament, the petitioners resolved to petition the Constitutional Court for legal interpretation. Having said that, those who followed the politics in Ms Kadaga’s election will agree with me when I differ with some political commentators who have called this woman a “coward”. If, indeed, she was faint-hearted, she wouldn’t have weathered the storm that bordered her candidature. A friend in government told me last year that the feeling in the Cabinet was that Ms Kadaga had “jumped the gun”. Mr Kiwanuka Ssekandi was their ideal candidate for the job though God had other plans for him.

Even before the NRM MPs went to State House, Entebbe, to select the Speaker of the Ninth Parliament, Ms Kadaga was already a darling of many. In a private chat with friends in government, it became clear to me that in the eyes of ministers, Kadaga was no more than an opposition sympathiser. But her progressive approach to issues in the Seventh and eighth Parliaments, patriotism and dependability explain why some opposition lawmakers voted for Ms Kadaga and not Mr Nandala Mafabi, the opposition challenger. Ms Kadaga’s landslide victory reflected the public feelings. Ugandans wanted an independent Parliament, with a valiant speaker, who could tell the king that he is naked.

Many Ugandans had given up on the previous spineless Parliament. Mr Ssekandi had some accomplishments, but his failure to stand up on corruption is partly the reason why the vice is unrelenting. But in trying to change this situation, Ms Kadaga and her deputy Jacob Oulanyah needs to be reminded that the honeymoon is over.

If we agree that by changing nothing, nothing changes, then, it is time for us to change our garments and be clean. The petition has collapsed and the petitioners should forget the recall and move on. But looking forward, Ms Kadaga’s ruling should be an opportunity for members across the political divide to stop calculating which way is safest to jump and effect the amendments to the Constitution and the rules of procedure to make the Speaker’s office independent in its real sense.
It has not been easy for Ms Kadaga but with the public, the allies in the Parliamentary Commission and responsive backbenchers across the political spectrum on her side, she has a big shoulder to lean on.

Political impartiality

As I have already told some members, the problem is not Ms Kadaga; it’s the loopholes in the rules of procedure and our unwillingness to follow the practices in serious democracies. Those who think Ms Kadaga can “go to war” with her party chairman are mistaken. She will certainly be tough on some things in the House, but on others, where the party chairman has an interest, she will be required to conform. No one can serve two masters. Either Ms Kadaga, or any other speaker, will offend public interest or please the party with majority in the House. This is not seeking an Utopia, partisan politics will always remain but the Speaker’s office could be removed from the bickering.

Ms Kadaga does not want us to believe that there was political pressure exerted on her but from the underground meetings she had with the President, to allow a special sitting of the House would require an independent speaker - the one who does not have apologies to make. Until we effect the crucial amendments to the Rules of Procedure, more controversial decisions will continue to be made and because the NRM controls the majority in the House, the independence of Parliament will remain a crazy dream. This political gamesmanship we see in the House these days has demeaned the office of the Speaker and further eroded the dignity of Parliament.

We all have things we need to change in the Constitution and in the Rules of Procedure of Parliament and today we start out by talking about the Speaker’s office.
As the case in the House of Commons, the mother of all parliaments, a Speaker must be politically impartial. On election; the new speaker must resign from his or her political party and remain separate from political issues even in retirement. However, the speaker will deal with their constituents’ problems like a normal MP.

The speaker is the chief officer and highest authority of the House and must remain politically impartial at all times. To achieve such a goal it is therefore necessary to provide safeguards against politically inspired interference, which is making Parliament ludicrous in the eyes of Ugandans.

This will ensure sovereignty of Parliament and the chief executive will be constrained to uphold the constitutional equilibrium between the Executive, Parliament and the Judiciary.

Let’s not forget that in a reality, a fair and impartial Speaker is fundamental to the proper functioning of any democratic parliament. A speaker, free of the pressures of party affiliation, can conduct the affairs of parliament without fear or favour, free from directions from the government or attacks of bias.

Ugandans are supportive of a strong and independent speaker as a means of returning greater accountability to Parliament. The reluctance of governments, therefore to even consider it must be a matter of public concern.

ymugerwa@ug.nationmedia.com