Parliament has
given Government up to the end of April to table electoral reforms.
The Speaker of Parliament, Rebecca Kadaga, gave the ultimatum
following a statement by the Minister of Justice and Constitutional Affairs,
Gen Kahinda Otafiire, during plenary sitting on Tuesday.
Otafiire said that in order to address matters relating to
elections in Uganda, it is necessary to handle the matter in a chronological
manner, beginning with the review and amendment of the Constitution concurrent
with the process to amend the electoral laws.
“Within the next six months, Government intends to make final
preparations relating to the establishment and appointment of the
Constitutional Review Commission and securing of the necessary funds for the
activities of the Commission,” said Otafiire.
He added that government is constrained to make electoral
reforms because of the ongoing case in the Constitutional Court challenging the
amendment of Article 102(b) of the Constitution, which removes the presidential
age limit .
Kadaga, however, said that the electoral reforms were
directed by the Supreme Court after the 2011 and 2016 elections, and this
should be followed.
“As soon as the President was sworn in, your first duty was
to address the ruling of the Supreme Court and we want you to respond to the
command of the Supreme Court in full,” said Kadaga.
She added that there is need to separate the constitutional
review process from electoral reforms.
“Even if you appoint the Constitutional Review Commission in
July, they will report to the 11th Parliament. By the time this House goes for
elections, the constitutional review will not be ready. It’s not our business,
our concern is the electoral reforms,” said Kadaga.
Members of Parliament disagreed with the Minister’s proposal
to review and amend the Constitution, saying that this will delay the process
of amending electoral laws.
Shadow Attorney General, Hon. Wilfred Niwagaba (Ind. Ndorwa
East) said that the Minister’s statement shows that government is not willing
and ready to present electoral reforms.
“I would like to seek leave of this House that I bring a
formal motion to amend electoral laws by bringing a Constitutional Amendment
Bill, 2019. Subsequently, I will bring amendments to the Presidential Elections
Act, Parliamentary Elections Act, the Electoral Commission Act and Local Government
Act,” said Niwagaba.
Hon. Kassiano Wadri (Ind. Arua Municipality) advised
government to treat the matter of electoral reforms with urgency to avoid a
repeat of election violence.
“Instead of us eyeing the constitutional review process which
may take longer than two years, let the ministry extract the areas which relate
to elections so that the ground is leveled for all actors in the forthcoming
elections,” said Wadri.
Hon. Kenneth Eitunganane Esiangu (Ind. Soroti County) warned
that if electoral laws are not amended before the forthcoming elections,
Parliament would be held responsible.
“There are lot of challenges whenever we go for elections and
the only way they can be addressed is through electoral reforms. If government
is not ready to table the reforms, let us give the Shadow Attorney General the
opportunity,” said Eitunganane.
Hon. Solomon Silwany (NRM, Bukooli County) called on
government to table the reforms early to give members ample time to scrutinize
and debate them.
“We always delay and end up bringing these reforms at the
last minute. When we do things in a rush, we end up making mistakes. Let us
table these reforms early and I strongly support that the minister brings them
at the earliest possible time,” said Silwany.
Hon. Patrick Nsamba Oshabe (NRM, Kassanda North County)
suggested that government should be given an ultimatum to present the reforms.
“Any country’s sustainable peace depends on the electorate’s
confidence in the electoral process. Whenever people keep doubting the electoral
process, they resort to violence,” said Nsamba Oshabe.
