By Spy Uganda
Legislators continue to express concerns over the delayed constitutional review, with Deputy Speaker Thomas Tayebwa urging the Attorney General to expedite the submission of comprehensive amendments.
Tayebwa was responding to Deputy Attorney General Hon. Jackson Kafuuzi, after he introduced the Constitutional Amendment (Bill), 2024 during the plenary session on Tuesday, 24 September 2024.
The Bill is one of several aimed at implementing government policy on the Rationalisation of Government Agencies and Public Expenditure (RAPEX).
Kafuuzi clarified that while the Bill seeks to merge the Equal Opportunities Commission with the Human Rights Commission and return the Law Reform Commission to the Ministry of Justice and Constitutional Affairs, a broader constitutional review will be undertaken.
“This Bill is focused on rationalisation; it is the first step being handled by the Executive, and moving forward, we will introduce a Constitutional Review Commission to address the remaining aspects of the constitution,” said Kafuuzi.
However, Tayebwa argued that a Constitutional Review Commission is unnecessary for constitutional amendments to be made.
“We have been collaborating with you [Attorney General], and we agreed that instead of addressing issues piece by piece, we should tackle all constitutional amendments at once. But now I see you are concentrating on RAPEX only. Has the government shifted its stance to amend the constitution incrementally?” Tayebwa questioned.
He further added, “We face a dilemma because our colleagues have been introducing private Members’ Bills for constitutional amendments, and you advised us to approach this comprehensively. Given the complexity of the process and the quorum needed to amend the constitution, we should address everything at once.”
Tayebwa also called on the Minister of Justice and Constitutional Affairs, Hon. Nobert Mao, to provide an update on when he intends to introduce electoral reforms.
“We will end up being rushed at the last minute, and the courts have highlighted this issue several times, as has the Electoral Commission itself. The Chief of the Electoral Commission says reforms arrive late, leaving them with insufficient time,” Tayebwa noted.
Hon. Mathias Mpuuga (NUP, Nyendo-Mukungwe Division) stated that if the government delays further in presenting amendments, he will propose a Private Members’ Bill.
“We barely have 12 months before the electoral process begins, and I have seen political parties already announcing their roadmaps. Are we genuinely committed? While we wait for the Attorney General, I would like to announce that as a private member, I will be ready to proceed next week,” Mpuuga said.
Hon. Medard Lubega Sseggona (NUP, Busiro County East) proposed a motion to block the Bill from being tabled until comprehensive amendments are presented.
“As we speak, the Justice Minister has been discussing comprehensive constitutional amendments that are reportedly before Cabinet. However, the same Cabinet is now presenting a constitutional amendment Bill with just four points,” Sseggona remarked.
Tayebwa ruled that the matter did not warrant a motion without notice and referred the Bill to the Committee on Legal and Parliamentary Affairs, urging the Attorney General to expedite constitutional amendments.
However, the Deputy Speaker blocked the First Reading of the Assets of Departed Asians Amendment Bill after Workers’ Representative, Hon. Abdulhu Byakatonda, informed the House that the issue was still under litigation.
The Bill seeks to wind up the operations of the Custodian Board, and Byakatonda argued that since the Board is currently represented in court by the Attorney General in a case involving the potential recovery of over 1,000 properties, amending the Act could jeopardize the recovery process under Rule 73 on sub-judice.
“I request that we pause this until the court cases are resolved,” Byakatonda added.
Hon. Wilfred Niwagaba (Indep., Ndorwa County East) warned that once the Custodian Board is dissolved, all ongoing cases will be dropped, and government properties may be lost.
The Deputy Attorney General agreed, noting that the issue would be further reviewed.
Several RAPEX Bills were, however, presented for First Reading and referred to the relevant committees, including the Uganda National Roads Authority Act (Repeal Bill), Uganda Road Fund (Amendment Bill), Non-Performing Assets Recovery Trust Act (Repeal Bill), and National Agricultural Advisory Services (Amendment Bill), among others.
