Dear Ugandans,
Last time I read about a politician telling another politician to shut up was in 2003 when senator JohnMcCain told ex-presidents Bill Clinton and Jimmy Carter to “shut up!”. The two had become regular critics of the Bush presidency. McCain defended himself on radio stations by saying that there was an unwritten rule that ex-presidents are supposed to keep their mouth shut about the conduct particularly of national security affairs, by the people that succeeded them.
However, with what president did by telling MPs to ‘shut their traps’ because they disagreed with him over something, it is very sad for a developing democracy in Uganda. There is nothing more patriotic than criticizing the sorry state of affairs we now have in the State House. His decision to stand by the IGG may be right but at the same time he is obliged by the constitution to respect the legislative arm of the government without interfering in their work. If President Museveni goes away with this and I suspect that he will go away with it, all the more than 300 MPs will lose their credibility in the public eyes. Let the MPs do some ‘peaceful demonstration’ against the president’s present character and the way he is handling things
Whether Museveni is right or wrong we are soon gonna find out from the constitutional court. All I know is that the attorney General’s opinion is supposed to be legally respected by the executive according to the 1995 constitution of the republic of Uganda. So in this case, unless Museveni has got two AGs then this needs to be clarified. AG gave his opinion on the IGG issue and his opinion gave these MPs a base where to challenge the president.
I’m however happy that this issue has taken another twist and it ended up in the constitutional court(CC).The CC will eventually define the duties and functions of both the appointing authority and the parliament so that those entrusted with power know exactly what they are supposed to do.
Nevertheless, we should remember the opinion of Justice Wambuzi during the past constitutions when he said that parliament has the power to pass any law (so long as it follows the right form and procedures). The absolute power of parliament to legislate on any matter has also been recognised by the British courts for a long time, as sir William Blackstone also gave an opinion:’ what the parliament does, no authority upon earth can undo……..it has sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expanding of laws-concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal…..’’
Another English legal expert, Dicey also wrote that: ‘parliament has the right to make or unmake any law whatever. Further, no person or body is recognised by the Law of England as having the right to override or set aside the Legislation of parliament.’’ I’m not sure how it is specifically stated in the Uganda constitution but all I know is that the opinion of the AG should be respected by the president and this is where we are at the moment. Whether these MPs are still being followed by the 2005 ‘ghost’ of the shs.5m each up to now, this is the time to fight that ghost by doing a ‘peaceful demo’ against Museveni’s the state of affairs in the state house.
Abbey.K.Semuwemba
