When government tabled the long- awaited electoral reforms on July 25
last year, the issue of making a law that would make it difficult for
people to run for elections as Independents generated debate across the
political divide.
Much as government was faulted for not tabling
detailed proposed reforms as had been recommended by the Supreme Court
while deciding the 2016 petition- the Amama Mbabazi Vs Yoweri Museveni,
Electoral Commission and Attorney General, to some people, the tabled
Bills carried proposals that favoured the government of the day.
On
Thursday, Parliament passed the Presidential Elections Amendment Bill,
2019, and gave the nod to persons who may wish to contest for presidency
as independents in the 2021 general election.
This Bill has already
affected the shape the Parliamentary Elections Amendment Bill, 2019,
will take when the House considers it on Tuesday because it carries the
same proposal on Independents.
In the Bill, government had proposed that the law be made that for anyone to be nominated as an Independent presidential candidate, he or she must have ceased to be a member of a political party upon discharge at least 12 months to nomination day.
Considering themselves as potential Independents, Members of Parliament who insisted that there are no best standards for democracy in Uganda’s political parties, overwhelmed Justice and Constitutional Affairs Minister Ephraim Kamuntu and Deputy Attorney General Jackson Kafuuzi who had staged a fight.
“We propose an amendment to Clause 3 that; one can stand as an Independent if he or she is not a member of a political party; having had membership terminated; (or) having not participated in primaries of a political party prior to general elections,” Mr Kafuuzi said.
The Legal and
Parliamentary Affairs Committee had observed that the government
proposal was “unconstitutional’’ because it infringes on the peoples’
right of association as provided for in Article 29 of the Constitution.
But
Prof Kamuntu, insisted that allowing people to contest as Independents
does not go well with Uganda’s multiparty political system of
governance.
“This clause we are debating has wider implications
on the political system this country is going to have. So, whatever
clause we are going to pass in this Bill should strengthen the
multipartism in this country,” the minister pleaded.
With MPs
resisting the government proposal, Speaker Rebecca Kadaga challenged
Prof Kamuntu who was in the 1980s a strong supporter of Uganda Peoples
Congress (UPC), to explain to Parliament how he left the party to join
National Resistance Movement (NRM)in whose government he is serving.
Having
failed to explain to the House when and how he was discharged from UPC
to join the NRM, the Speaker ruled that the status quo remains as is in
Article 78 of the Constitution.
“The political parties should
strengthen themselves. I think the proposal infringes on rights of
people that are in the Constitution. I think the status quo remains” Ms
Kadaga ruled before putting the matter to vote which all members
approved.
This means, whether the President assents to the Bill or
not, Ugandans who meet the qualifications to run for presidency, have
got an open window to do so since the status quo remains as per the
Constitution.
Mr William Nzoghu (Busongora North) told Saturday
Monitor shortly after adjournment that “we have beaten Museveni to his
own game. He might have had aforethought of blocking certain individuals
who might have been closed out of NRM race since he is a sole
candidate”.
