The Constitution of Uganda cannot steer this country
to democratic order because it suffers from internal contradictions. If
independence of the three arms of the State is the fulcrum of democratic
governance, having the President appoint judicial officers, 20% of the legislature
and the entire State infrastructure, as Uganda’s constitution provides, raises
the concept of confusion to unprecedented levels. The State of Uganda must be delinked from
Govt, even if the USA does not fully delink them, as some people argue. Uganda’s
constitution must be designed to serve the interests of Ugandans, not emulate
other countries’ constitutions.
Govt serves on a management contract, which may or
may not be renewed by voters. It might
even not serve the full contract term due to impeachment, death or resignation of
the president. The State on the other
hand should be permanent and non-partisan, providing infrastructure to any Govt
and all citizens, without fear or favour. Fusing Govt and the State, the way the
Constitution of Uganda provides, creates a powerful center, patronage, job
insecurity and sycophancy. Delinking the State from Govt guarantees job security,
meritocracy, efficiency, equity, predictability and continuity.
Uganda’s constitution instructs that the President appoints
all political officials and non-political public officials from the rank of
commissioner upwards. President Museveni
has used this provision to appoint all NRM politicians who lost in their Party
primaries and National Elections as ambassadors, RDCs, Presidential Advisors,
Board Members of Statutory Bodies and Commissioners of State institutions. So, when Uganda Federal Alliance went to Lira
on 17 Dec 2012 to launch the National Referendum program to trim the powers of
the presidency, an activity compliant with the Constitution under Article
255(1), the RDC, Town Clerk, RPC, DPC wouldn’t let us, because, according to
the official letter we received, “the Lira Local leadership might be
misunderstood to be collaborating with UFA against the President”. We explained
to them that we were operating within the law, but “we might be misunderstood…., especially that
Hon. Norbert Mao, President of DP, was the Chief Guest!”, they said!
The opposition can’t engage in any political activity
in peace, because the IGP and all State Departments’ officials owe loyalty to
the appointing authority!
Opposition Ugandans like Anne Mugisha had to denounce
her opposition conscience in order for the NRM Govt to second her for a UN job.
Prof Kanyeihamba who would not denounce his opposition conscience wasn’t seconded
to a UN job by the NRM Govt, so the job went to a non Ugandan. Dr Otunu had to
seek citizenship elsewhere to get a UN job, because the Govt of Uganda would
not second him!
While all this discrimination happens, Parliament,
whose ONLY constitutional role under Article 79 of the Constitution of Uganda
is to “make laws…for the peace, order, development and good governance of
Uganda” are busy fighting consequences of a bad constitution, which they have
authority to amend!
Fortunately, Article 255(1) of the constitution provides
for ordinary citizens to make direct decisions, without reference to
Parliament, the Executive or Judiciary, through referenda. Citizens only need
to raise 10% signatures of registered voters, from at least 1/3 of districts of
Uganda, submit them to the Electoral Commission, which must then organize a referendum
on the contentious matter.
Ugandans must hail Hon Norbert Mao, President of the
Democratic Party and Hon Isha Otto, former MP for Oyam County, for being the
first and second signatories, respectively, to the petition for a national
referendum to overhaul the constitution and trim the authority of the
presidency, so that no public official is blackmailed into partisanship while
on duty.
Beti Olive Kamya-Turwomwe
Chief Petitioner,
National Referendum to amend the Constitution
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