The Speaker of Uganda’s Parliament, Rebecca Kadaga has announced that posts for Parliamentary Commissioners will be competed for through a secret ballot going forward as opposed to them being handpicked as has been the norm, a thing that has rattled Government Chief Whip, Ruth Nankabirwa.
In her communication to the House today, Kadaga made the shocking revelation that Parliament has handled the appointments to the Commission in error and the new development was intended to cure the anomaly.
Kadaga’s ruling was in response to a question posed by Busiro East MP, Medard Lubega, who tasked the Speaker to reveal the fate of the current tenure of Commissioners given that their tenure was coming to an end in December 2018, yet there was no communication on who the next Commissioners would be.
Kadaga cited Article 87 of the Constitution, the Administrations of Parliament Act and Rules of Procedures of Parliament with Rule 11(5) reading; The Constitution of the Commission under this rule shall be done during the first session of a new Parliament and tenure of service of the four backbench members shall be for two and half years subject to re-designation.
She also pointed out the Administration of Parliament Act which stipulates that there must be nomination of candidates for election and they are nominated by Government and the Opposition, arguing that nomination is for the sake of election, not confirmation to the post both the Opposition and Government have been doing in the past.
The Speaker also said that the issue was handled in East African Court of Justice, with the judges ruling that election is a btter way to do it.
Armed with those legal provisions, Kadaga announced that contrary to the practice where the Commissioners have been sailing through following appointments by their parties, this time around they will be subjected to a vote.
The Speaker announced that Parliament is designated as a constituent college from among the four nominated candidates of the four backbench commissioners and there is need for MPs to have a say on who should represent them because they are the direct beneficiaries.
“It was an oversight on our part in making the rules as they are a direct contradiction in the Administrations of Parliament Act which is mandated under the constitution to make this law. To avoid ambiguity, we shall use the word designation to mean nomination,” Kadaga said.
She also announced that the Rules Committee will have to look through the matter and have the Rules realigned to the Administrations of Parliament Act and the Constitution because they are saying different things.
However, her ruling didn’t go down well with some MPs.
Nankabirwa, who is also the Kiboga Woman MP took to the floor in protest of Kadaga’s ruling wondering how the Speaker can ambush NRM with such a ruling yet the party was in the middle of its game.
“Your ruling requires amendments of our rules of procedure because we made it in error. We were already in the process of electing commissioners, the game has started and you want to amend the rules; is it going to affect the current MPs,” Nankabirwa said.
However, Kadaga maintained that she was simply executing her duties as requested by Lubega, something Nankabirwa didn’t agree with.
“I will be moving a motion to challenge your ruling because I am not in agreement. Am I not supposed to challenge some of the provisions in your ruling? The rules allow me,” the Kiboga Woman MP said.
Kadaga fired back saying Nankabirwa would be within her rights, but cautioned her that her motion would be fighting the Administrations of Parliament Act which is the main law of Parliament.
Opposition Chief Whip, Ibrahim Ssemujju reminded Kadaga that the same matter was raised at the start of the 10th Parliament when the current team of Commissioners were being designated after MPs called to have a say on the matter but their plea was quashed at the moment.
“I wonder whether this ruling is going to apply retrospectively. We had a debate on the same matter and some of us said we want to elect Commissioners. The trouble I have is that we will appear that we are changing the rules in the middle of the game because a similar ruling has been made on this matter and some of us protested and we were told we can’t elect,” he said.
There were questions also raised on what happens to the nominated Commissioners with FDC having fronted Francis Mwijukye (Buhweju County) who is replacing Cecilia Ogwal while NRM is said to have maintained Peter Ogwang (Usuk County), Robina Nabanjja and Arinaitwe Rwakajara.
