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Friday, 19 July 2013

CONSTITUTIONALISM IN UGANDA IS A SHAM…



The parliament appointments committee has approved a military General, Aronda Nyakairima to become internal affairs minister. It wasn't much of a surprise to some of us who have been around long enough to see exactly how the invisible or sometimes very visible hand of president Museveni works in the August House. Initially I had predicted that the speaker will conveniently abscond from parliament and then the deputy speaker who is not very secretive about his support for whatever the president wants, will just chair the committee and get Aronda approved since that’s what the president wanted. Well, it seems to me like I had overestimated the speaker’s resolve to protect and uphold the constitution.

The path that this parliament is leading Uganda to is regrettable and very undemocratic. Parliament is officially an appendage of the executive. There is absolutely no flicker of independence in the three arms of government of Uganda like it should be. The multi-party dispensation where the ruling party sets the agenda and the other parties follow suit is not helping Uganda as well. Opposition parties and leaders who wait for the president to do something and then they react do not help our pursuit for democracy and rule of law.
Parliament by approving Gen Aronda to participate in partisan politics has set a very dangerous precedent. Aronda will be partisan because as a Cabinet minister, he will be fostering and implementing the manifesto of NRM.  

It is even unbelievable that though a precedent had already been set, in the matter of Jeje Odong who had to retire from the army first before he could be approved as minister; parliament has again gone against its initial position to satisfy the desires of the president. That simply means that what gets passed in parliament and what fails are simply dependent on what the president wants. In this case, the president wanted Aronda to be both a serving military General and a Cabinet minister. And he got exactly that. Whether it respects the supreme law of the land doesn’t matter as long as it serves his interests of self-preservation. When the president said that very few Members of parliament can survive without his help, they rushed to defend themselves. Now we can see it in the works. Without his under-the-table payments or even sometimes openly on their accounts, they cannot indeed survive in their luxurious lifestyles full of debts. And it is exactly this parasitic behaviour that exposes them to shame when matters of upholding constitutionalism, as is their sworn mandate, contradict with the presidents wishes.

Parliamentarians need to understand that the constitution itself is just like any other book if we do not uphold the very important culture of constitutionalism in this country. The way having elections every few years does not mean democracy is the same way having a constitution does not guarantee rule of law.  In Uganda, elections are rigged, the judiciary manipulated and opposition activists clobbered to the extent of fighting for their lives in a bid to stop them from exercising their rights. But somehow, we still consider ourselves a democracy. The police who are supposed to be a civilian force and protector of the people are headed by military men who have no culture of handling people but fully understand following orders as is in the military.
Rule of law is steadily being eroded and that has set us on path to tyranny and military rule.  How can parliament that is supposed to be independent consult the head of the executive on a constitutional issue? It has become common place to see parliamentarians being called to state house and having them to approve policies that are in clear contravention with the constitution. One wonders when the president became an expert in interpreting the constitution. Then why do we need a parliament of 375 members when one person can make laws, pass them and execute them?

The approval of Gen Aronda by parliament as a cabinet minister opens up the constitutional space for the possibility of the president proposing that the Speaker of the house should be a military general since we already have the army members in parliament and they  vote for the ruling NRM when the army is supposed to be non-partisan.  We have already seen the president meddle with the judiciary throwing in a carrot here and there. And he is about to militarise parliament which is probably the only remaining organ with its hand up. 
When that happens as our parliamentarians are letting it gradually, Uganda can officially bid farewell to any sort of constitutionalism.
“Successful states are run on the basis of consent not conquest. “ – Prof. Mahmood Mamdani

By Pathias Klinn Akabanjuna


The writer is a socio-political commentator and Blogger
BSc. Quantity Surveying

Twitter: @PathyKlinn

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