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Court sets date for hearing case against appointment of MPs to cabinet


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:

  • Meanwhile, Constitutional Court will also convene next week and hold a preliminary hearing in a petition challenging the creation of the city and municipal woman parliamentary representative. 

The Constitutional Court has deferred the preliminary hearing of a petition challenging the appointment of Members of Parliament (MPs) to cabinet positions to January 23.

The deferment is to allow the Attorney General’s office, the sole respondent in this matter, to file defense, a year after the petition was filed in court.

Core to the petition filed January 24, 2024, by city lawyer Michael Aboneka, alongside a Civil Society Organisation named as Walezi Wa Katiba Foundation, the applicants contend that appointing lawmakers to cabinet amounts to the fusion of the Executive and Legislature.

“As far as the president is allowed to appoint a Member of Parliament (MP) as Prime Minister, it undermines the principle of separation of powers, checks and balances and the doctrine of legislative independence and is inconsistent with chapter six, seven and eight of the constitution and Articles 1, 8A, 59, 78 (1) (3), 79, 85 (2),” the petitioners aver.

The petitioners want court to order legislators holding double positions to vacate cabinet and refund all benefits received if the doctrine of separation of powers is to be observed.

In a related development, the Constitutional Court will convene next Thursday and hold a scheduling conference (preliminary hearing) in a petition challenging the creation of the city and municipal woman parliamentary representative positions before the file can be forwarded to the full panel of justices for determination.

Petitioners in the case who include Alliance for Finance Monitoring, Walezi Wa Katiba Foundation and Peter Magelah Gwayaka argue that the constitution provides that there will be one district woman MP representative, and yet, the practice is now contrary, following the creation of several cities and municipalities in Uganda.

“The petitioners are aggrieved by the fact that the women representatives for the cities are holding the seats in parliament illegally and unconstitutionally, inconsistent with, and in contravention of Articles 1, 8A, 78 (1)(B) of the constitution,” they contend.

“The creation of parliamentary seats/vacancy of MPs representing municipalities which are local governments and are not envisaged as part of the composition of parliament is inconsistent with and in contravention of Articles 1, 8A, 59, 63, 176, 181 (13) and 207 of the constitution,” the petitioners argue.

Speaking on Tuesday shortly after the parties in the cases met before court registrar Susan Mugala, lawyer Aboneka urged the judiciary to expeditiously determine the duo petitions before the 2026 general elections.

“We hope that these petitions will be disposed of before the election period so that we know we are protecting our constitutionalism. We hope the constitutional court will fast track because these petitions are key to good governance and constitutionalism of this country,” Aboneka said.