Constitutionalism in Uganda, challenges in observance
By Sarah Bireete, Director of Programmes (CCG)
Uganda is faced with both
institutional and structural challenges when it comes to the implementation of
the Constitution.
When we compare Uganda's 1995
Constitution, as amended and the current Constitution of South Africa, Uganda's
Constitution lacks an equivalent of Chapter 9 of the South African Constitution
- a specific body or Institutions charged with the duty of protecting the
Constitution.
The duty of protecting Uganda's
constitution as envisaged in Article 3 of the Constitution lies with the
people. These are the same people - the citizenry that are helpless when it
comes to governance issues. Like under Article 1 of the Constitution, all power
belongs to the people and this power can only be exercised by the people
through their elected representatives. If the effectiveness of Article 1 is
viewed in perspective of the case of the Four "Rebel" MPs, the people
who hold power do not have the so called power anymore to elect their
representatives! In effect, Article 1 of the Constitution, which is the basis
of the whole Constitution, "power belonging to the people" is
now redundant! The Constitution in no more!
The 1995 Constitution would have
been saved by pro-active judiciary. But now, the Judiciary, which also derives
its power from the people, according to Article 126; for has now been
rendered helpless with cadre judges in motion and the unconstitutional
re-appointment of Justice Odoki as its head. In essence, the Constitution is on
its own!
In summary, the following factors
have led to Uganda's constitutional crisis:
1. Absolutism - executive dominance
and lawlessness
2. Life presidency and fear for
losing power
3. Politics of the berry
4. Corruption
5. Arrivalism - where the young
political cadres act with impunity
The following are the possible
solutions, going forward:
1- All appointments by the President
should have detailed criteria on experience, qualifications and exposure for
the specific jobs
2- Devolution- Uganda should go the
Kenyan way and further reduce powers from Kampala beyond the current
decentralization policy
3- Restoration of Presidential term
limits - this will enable political actors to do their work without
waiting to gauge the mood of the President of his gestures in fear of being on
the president's wrong side. This will also bring to an end the elaborate
political patronage being practiced in the country
4- There should be exceptions to
Presidential Immunity so that civil proceedings in what the President does
should be allowed as liabilities of the state. Also abuse of office for private
ends/benefit should not go unpunished.
The above can only happen with an
independent judiciary, robust and vigilant civil society, vigilant citizenry
and the internationalization of constitutional law principles.
