Court gives Attorney General 5 days to respond to petition on ministers holding MP seats
Security personnel are seen patrolling outside Parliament ahead of the passing of the Coffee Amendment Bill, 2024 on November 6, 2024. PHOTO/FILE/ABUBAKER LUBOWA
What you need to know:
- Petitioner demands end to “fusion” of Executive and Legislature in Uganda.
Uganda’s Constitutional Court has given the Attorney General five days to respond to a petition challenging the legality of Members of Parliament (MPs) simultaneously serving as Vice President, Prime Minister, and Cabinet Ministers.
The case, filed on January 24, 2024, by lawyer Michael Aboneka and civil society group Walezi Wa Katiba Foundation, argues that such appointments violate the principle of separation of powers enshrined in Uganda’s Constitution.
A five-judge panel led by Deputy Chief Justice Flavian Zeija Thursday evening issued the directive after Senior State Attorney Jackie Amsugut said the state needed more time to compile and enrich its submissions.
“These are matters of great national importance. We request more time to provide comprehensive arguments,” Amsugut told the court.
The petition contends that Article 108A, which permits the President to appoint an MP as Prime Minister, leads to a “fusion of the Executive and Legislature”, undermining checks and balances and threatening the independence of Parliament.
The petitioners are seeking court orders requiring MPs serving in executive positions to vacate their posts and refund all emoluments received while holding dual offices.
In a related case, another petition before the Constitutional Court seeks to nullify the positions of City Woman MPs and Municipality MPs, arguing they are unconstitutional.
Filed by Alliance for Finance Monitoring, Walezi Wa Katiba Foundation, and lawyer Peter Magelah Gwayaka, the petition challenges the interpretation of Article 78(1)(b), which they argue allows for one woman representative per district, not per city or municipality.
“The Constitution is clear. Cities are not recognised as constituencies for Woman MPs. This makes all City Woman MP seats unconstitutional,” said Mr Aboneka.
The petition further disputes the creation of 19 municipalities and 10 constituencies after the March 2016 census, alleging it contradicts legal guidelines and imposes a heavy financial burden on taxpayers.
“We are losing Shs1.44 billion annually on salaries for 10 City Woman MPs and Shs2.736 billion on the 19 MPs representing municipalities,” Aboneka said.
The petitioners have urged the court to fast-track both cases ahead of Uganda’s 2026 general elections, calling them pivotal to safeguarding constitutionalism.
“We hope the Constitutional Court will fast-track because these petitions are key to good governance and constitutionalism of this country,” Aboneka told journalists outside court.
