The Speaker of Parliament, Anita Among (pictured) has adjourned Parliament sine-die until Government tables a statement regarding the expired term of office for the Local Council 1, saying there is need for the country to be guided on how to proceed operating with the expired chairpersons.
“This is a serious matter that must be corrected and it must be corrected. And I want really to advice Government to go back advice the country on this matter. It is a very serious matter because I am not going to continue on something which is an illegality. We are going to wait for a report from Government, the Government must advice this country on the way forward. We need the position of Government, not to continue speculating,” said Among.
The Speaker’s remarks were in response to a statement tabled by Attorney General, Kiwanuka Kiryowa on the elections of administrative units for the LC1 and LC2 chairpersons whose political term expired on 10th July, where he asked the last chairpersons to continue rendering services to the public so as to give Government time to resolve the apparent void created by the absence of these administrative units.
“As we pursue and await the necessary Cabinet and Parliamentary approvals therefore, the immediate recently elected leadership of the administrative units should continue rendering the necessary services to the people in observance of the spirit and principle of the Constitution that there should never be a vacuum in leadership. I am here to assure you that Government is fully seized with this matter. I therefore request that you give us time to conclude the internal consultations to obtain the necessary approval of Cabinet as provided for under the Local Governments Act, to enable us present the way forward to this August House next week,” said Kiryowa.
Speaker Among asked the Attorney General to explain if there is legitimacy with the decisions being taken by the current LC1 chairpersons asking, “Since the AG says there is no vacuum, is there legitimacy in the decisions that are being taken by the LC1s?”
The Attorney General replied, “The advice I render is legal advice, not political and if anyone doubts it, they need to go to court. The advice I am rendering is to cover the void.”
However, his response telling Parliament to go to court in case MPs aren’t satisfied with his legal advice angered the Speaker who called out the Attorney General for being disrespectful, prompting Kiryowa to withdraw his statement.
Abed Bwanika (Kimanya-Kabonero County) while referring to the legal provisions cited by the Attorney General wondered if Government was intending on declaring the state of emergency because it is one of the provisions that call for extension of elections of LC1 elections.
“Is Government planning to declare a state of emergency?” asked Bwanika but the Speaker said Government isn’t in state of emergency and isn’t about to declare one.
Wilfred Niwagaba, Shadow Attorney General protested the argument fronted by Kiryowa that there is no vacuum and asked Parliament to throw out his statement saying the functions carried out by these administrative units are quasi-judicial functions in nature.
“And there is no way you can apply to extend an expired term. Unless they want to completely remove the quasi-judicial functions from these administrative units and say we are going to extend the terms and remove those quasi-judicial functions, then we don’t need those units to be there. So we either have the elections or we agree that we have run broke as a country, bring a constitutional amendment and we remove them all together. But otherwise, to say that everything is normal because they can extend their term is disrespectful and I therefore move a motion that the statement be rejected and expunged,” said Niwagaba.
Leader of Opposition, Mathias Mpuuga scoffed at the proposal by Government to extend term of office of the LC1s so as to fill the vacuum wondering if similar steps can be taken for vacant parliamentary seats.
“If there were powers anywhere that we would instruct anybody to fill the vacuum, we would have interim MPs to fill the vacuum as Government prepares for elections. I know it is summer in Uganda and Government could be on holiday,” he said.
