Cabinet Gives Up on Electoral Reforms Clause

By Joan Pounds

Cabinet has given up on one of the main clauses in the Constitutional Amendment Bill 2015 commonly known as the Electoral Reform Bill, which is focused on changes in the electoral process. 

The long awaited Bill was only introduced in Parliament by government through the Attorney General on 30th April 2015, a few months before the Electoral Commission issued the road map for the coming general elections of 2016. 

Although the electoral process ahead of 2016 has already started, the Bill seeks to amend some of the articles in the 1995 Constitution including the name of the EC, the appointment procedure of EC commissioners, crossing from one political party to another, minimum requirement of judges of different courts and introducing salary review commission.

The committee of Legal and Parliamentary Affairs that was charged with the duty of scrutinizing the Bill finalized their work last month and it is currently being debated though opposition members in the same committee disagreed with the main report and authored their own. 

It has now emerged that Cabinet that passed the Bill before it was introduced in Parliament has agreed and withdrawn clause 4(1)(g) which sought to amend article 83 (g) of the constitution. 

Article 83 (g) says any Member of Parliament that crosses from his or her political party to another party should vacate and his or her seat be declared vacant. The Bill wanted to undo the restriction and give opportunity for those who want to cross freely do it before the end of their term. 

The clause became very contentious since the interpretation of article 83 (g) is currently before the Supreme Court in a case between the four rebel MPs and the National Resistance Movement automatically making it prejudice for Parliament to debate the matter. 

The four MPs including Theodore Sekikubo, Barnabas Tinkasimire, Mohamed Nsereko and Winfred Niwagaba were expelled from the ruling party and asked to leave the house. 

Speaker of Parliament, Rebecca Kadaga however disagreed with the Attorney General which compelled him to challenge and win the win the decision in the Constitutional Court. 

The four MPs appealed at the Supreme Court that overturned the ruling returning them back to Parliament. 

The debate on the Constitutional Amendment Bill was halted at Parliament awaiting another interpretation from the Attorney General who had asked for time to consult with Cabinet. 

Debating resumed on Monday when it became clear that Cabinet has given up on the clause and withdrawn it. 

During the same debate on Monday, MPs like Tinkasimire and Nalubega Mariam (Butambala women) asked parliament to adopt some of the proposals that were made in the minority report by opposition members Ssegona Medard and Paul Mwiru to restore the term limits for the president to redeem the image of parliament because there were allegations of bribery to lift it. 

Meanwhile Budadiri west MP Nathan Nandala Mafabi who is also the Secretary General of FDC asked his colleagues to be careful in scrutinizing the bill so that what they decide do not catch up with them because 70 percent may not return.