Government names 14 on constitutional review team

Kampala. Government has named 14 people to sit on the Constitutional Review Commission to consider various constitutional reforms.
Daily Monitor has seen the May 23 letter to President Museveni by Maj Gen Kahinda Otafiire, the Justice and Constitutional Affairs minister, recommending the nominees for consideration. Gen Otafiire wrote a reminder on August 7 to the President.

In the letter, Gen Otafiire recommends the former Attorney General, Prof Khiddu Makubuya, to chair the commission deputised by former Speaker of Parliament and retired diplomat Francis Butagira.
“Your Excellency, as you are aware, government has committed itself on several occasions to establish a Constitutional Review Commission as a more elaborate process of amending the Constitution. This process will take into account the many constitution reform proposals that have been received by government,” Gen Otafiire wrote.

Sources at State House and in other government circles had varying opinions on President Museveni’s decision about the Commission.
Some said he has already made the appointments while others said he has not formally responded to Gen Otafiire’s letter despite the reminder.
A source speculated that the push for the commission has been prompted by calls, mainly by civil society and “elders”, for a national dialogue although both government and the main Opposition have shown little or no interest.

Since the Prof Frederick Edward Sempebwa Constitutional Review Commission concluded its work in December 2003, government has been toing with the question of the review commission.
In the run up to both the 2011 and 2016 elections, the calls for the commission were more pronounced but government ignored them.
Cabinet presented and Parliament passed the Constitution Amendment Bill 2015 which ignored many views for constitutional reforms.
Civil society organisations, Opposition parties and others said passing the Bill without the reforms was tantamount to an overthrow of the 1995 Constitution.

“Indeed, during the debate and enactment of the Constitution (Amendment) Act 2015, several proposed amendments were not considered due to time constraints that did not allow conclusive deliberations on the innumerable reforms,” Gen Otafiire wrote in his letter to the President.
“Government is committed to establishing a Constitutional Review Commission to handle the proposals that were not included in the Bill. This commitment is also reiterated in the current NRM manifesto,” he adds.

In one of the initial sessions for Parliament to debate the proposal to amend the Constitution and remove the presidential age limit clause, Speaker Rebecca Kadaga chided the executive for bringing piecemeal legislation in the House instead of a constitutional review.
“For a long time, we have been asking government to bring constitutional amendments in vain. I will now allow members to move for the amendments,” she said in Parliament on September 26, 2017.

However, later she yielded and presided over the passing of the controversial Bill which removed the presidential age limit that now allows President Museveni to stand for presidency for life.
In July, while meeting a delegation from the Inter-religious Council of Uganda, Ms Kadaga again criticised the Executive for not fulfilling its promises of appointing the Constitutional Review Commission.

Consideration
Gen Otafiire said he premised the choice of nominees for the commission on representation of the five regions of Uganda namely Buganda, central, eastern, northern and western.
Other considerations are education background, qualification and diverse experience and expertise.

Prof Makubuya, who has been recommended to lead the commission, has previously served as a member of the Uganda Constitutional Commission, which was instrumental in drafting the 1995 Constitution.
Mr Butagira, on the other hand, studied law at the University of Dar es Salaam and Harvard University where he graduated with a Master’s of Law.

Task ahead

If it is given a nod, the commission faces an uphill task both in terms of the work load and implementation of the various possible recommendations. Previous constitutional review commissions chaired by Prof Sempebwa and former Chief Justice Benjamin Odoki have made a number of recommendations, but many have never been implemented despite overwhelming public support.

The nominees

Prof Khiddu Makubuya
The 69-year-old former Attorney General, ex-General Duties minister and former Katikamu South Member of Parliament holds a doctorate degree in Law from Yale University in the United States. One of a handful to graduate with First Class in Law at Makerere University, Prof Makubuya is an advocate of Uganda High Court, a former member of the Uganda Constitutional Commission and the Commission that investigated rights violations in Uganda.

Francis K Butagira
The current chairman of Uganda Registration Services Bureau board is a managing partner of Butagira & Co Advocates. He was Speaker of the Ugandan Parliament from 1980-85 and previously served as Uganda’s Permanent Representative to the United Nations, an ambassador to Ethiopia, Kenya, Germany, Austria and the Vatican. The lawyer is an alumnus of the University of Dar es Salaam and Harvard University.

Nusura Tiperu Omar
The 44-year-old, who lost the August 2018 Arua Municipality parliamentary by-election, holds a Bachelor of Arts (Social Sciences) degree from Makerere University. She served as East African Legislative Assembly member, Female Youth and later Yumbe District Woman Member of Parliament. Ms Tiperu was chairperson of the International Muslim Women’s Union and executive member of the ruling NRM.

Rev Amos Turyahabwe
He is the former Chaplain St Francis Chapel, Makerere University

Paul Wanyoto
He is an advocate of the High Court and a commissioner for Oaths. He is also a partner at Web Advocates & Solicitors, a commercial law firm, situate in Kololo and a youth leader within the NRM ranks.
Dr Diana Musoke
She is a senior principal lecturer at the Law Development Centre and a senior lecturer at Islamic University in Uganda. She graduated with a Law degree from Makerere University, obtained a Master’s degree in Law from Georgetown University and a doctorate at Emory University, both in the United States. She is an ex-Uganda Law Society president.

Dan Wandera Ogalo
A surprise nomination given his anti-establishment stance. He was born on November 27, 1957. Wandera Ogalo is a seasoned advocate and legislator. He studied at King’s College Budo before joining Makerere University, where he graduated with a degree in law. He holds a diploma in legal practise from the law development centre. He also holds a Master’s degree from Makerere. In 1993, he became a delegate to the Constituent Assembly, representing Bukooli South in Bugiri District.

Richard Angualia
A graduate of Makerere University, Mr Angualia worked in civil service, rising to the position of principal private secretary to the Environment/Water minister. He resigned to stand as Member of Parliament in Maracha District, which he lost, and was deployed to Cairo as Uganda’s Ambassador to Egypt. He resigned, contested for MP again in Maracha and lost, and is currently a commercial farmer.

Charles Elem Ogwal
He is the Deputy Director of Public Prosecutions (DPP). Mr Ogwal holds a Bachelor of Laws degree from Makerere University and began legal career as a State Attorney in the Justice ministry in 1985. He joined the DPP’s office in 1995.

Lillian Aber
She is a senior presidential adviser on Youth Affairs and chairperson of Uganda National Youth Council, a United Nations Youth delegate, a former guild vice president of Makerere University. She previously served as the president of Uganda National Students’ Association.

Kamdi Byonabye
A Research director at Uganda Human Rights Commission, Mr Byonabye is a Makerere University graduate. He worked for the Electoral Commission from 2000-2002 as a data editor before joining Uganda Human Rights Commission in 2003, first as a volunteer, before rising to a human rights officer and later director.
Ms Sarah Nyirabashitsi Mateke
The former Kisoro District Woman Member of Parliament is a daughter of Mr Philemon Mateke, the Minister of State for Regional Affairs.
•Martha Katuntu
•Kabogozza Musoke

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