Lawyer petitions court to stop MPs from serving as ministers
Petitioner Mr Michael Aboneka (L) together with his lawyer Mr George Musisi (R) at the Constitutional Court. Photo | Juliet Kigongo.
What you need to know:
- In his petition filed Wednesday, Mr Michael Aboneka alleges that an MP who holds double positions contravene the Constitution and the doctrine of separation of powers
A city lawyer has asked the Constitutional Court to order Members of Parliament who are serving as vice president, Prime Minister and or ministers to vacate the executive positions.
In his petition filed Wednesday, Mr Michael Aboneka alleges that an MP who holds double positions contravene the Constitution and the doctrine of separation of powers.
"An order for the MPs who have been appointed as Prime Minister, Ministers, Vice President, Attorney General or Deputy Attorney General to refund all such benefits and emoluments received in their capacity as office bearers," reads in part the court document.
He also asked Court to order ex-officio MPs to cease from receiving such benefits and emoluments paid from parliament as they are predominantly members of the executive.
Aboneka (Thomas and Michael Advocates) together with Walezi Wa Katiba Foundation (a civil society organization) contend that a vice president, a cabinet minister and other ministers who double as an MP is a fusion of executive and legislature, and is inconsistent with chapter six and seven and other various Articles of the constitution.
"That Article 78(1)(d) in as far as allows the vice president, prime Minister and ministers who are not directly elected MPs to become ex-officio members of parliament by prescribing their specific roles and benefits defeats and undermines the doctrine of separation of powers," reads the court document.
They are seeking a declaration that Articles 113(1), 108A(1), 119 and 119A are inconsistent and contradict the Constitution for allowing double appointment.
"I know that a Prime Minister forms the executive arm of government under chapter 7 as the leader of government business under Article 108A (2)(a) and therefore an MP who also doubles as a Prime Minister without resigning their former role as MP belongs to two arms of government; the legislature and executive which is a conundrum and a fusion of both executive and legislature contrary to the doctrine of separation of powers, checks and balances and legislative independence," Aboneka states.
In 2021 in a similar case, a panel of five justices of the Constitutional Court led by the late Justice Kenneth Kakuru ruled that it is illegal for a judge to be appointed to any executive or constitutional office before his/her resignation.
