Lawmakers continue to raise concerns over the delayed constitutional review, with the Deputy Speaker, Thomas Tayebwa, urging the Attorney General to hasten the presentation of comprehensive amendments.
Tayebwa was responding to the Deputy Attorney General, Hon. Jackson Kafuuzi, after he tabled the Constitutional Amendment (Bill), 2024 during the plenary sitting on Tuesday, 24 September 2024.
The Bill was among several Bills seeking to give effect to government policy for Rationalisation of Government Agencies and Public Expenditure (RAPEX).
Kafuuzi explained that whereas 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, consideration will be made on comprehensive constitutional review.
“This Bill is for handling aspects under rationalisation; that is the first segment that we are dealing with as the Executive and going forward, we shall present a Constitutional Review Commission which will handle the rest of the aspects for review of the constitution,” said Kafuuzi.
Tayebwa, however said that there is no need for a Constitutional Review Commission for the constitution to be reviewed.
“We have been working with you [Attorney General] and we said instead of going piece-meal, we should do all constitutional amendments but now I can see you have focused on RAPEX only. Has government changed position to amend the constitution in a phased manner?” inquired Tayebwa.
He added: “The dilemma we are in is that colleagues have been bringing private Members’ Bills to do with constitutional amendments and you guided us very well that we do it comprehensively because you know the process, to get quorum to amend the constitution; we need to do all this work at once.”
Tayebwa also tasked the Minister of Justice and Constitutional Affairs, Hon. Nobert Mao, to present an update on when he plans to present electoral reforms.
“We shall be stampeded at the last minute, and the court has on several occasions touched on that issue, and the Electoral Commission itself. The Chief of Electoral Commission says the reforms come in late and they do not have time,” said Tayebwa.
Hon. Mathias Mpuuga (NUP, Nyendo-Mukungwe Division) said that should government delay further to present the amendments, he will table a Private Members’ Bill.
“We hardly have 12 months to go into electoral activities, I have heard parties announcing their road maps. Are we really getting commitment? As we wait for the Attorney General I want to announce that as a private member, I will be ready next week,” Mpuuga said.
Hon. Medard Lubega Sseggona (NUP, Busiro County East) had proposed to move a motion without notice, to disallow the Bill to be tabled, until comprehensive amendments are made.
Sseggona said, “As we speak, the discussion that has been going on by the Minister of Justice and Constitutional Affairs is that he has prepared comprehensive constitutional amendments which are before Cabinet, the same Cabinet is here presenting a constitutional amendment Bill with four points.”
Tayebwa guided that the matter did not warrant a motion without notice and referred the Bill to the Committee on Legal and Parliamentary Affairs, but called on the Attorney General to handle constitutional amendments expeditiously.
Workers’ MP, Hon. Byakatonda cautioned colleagues on proceeding with the Custodian Board as the matter was before court.
The Deputy Speaker, however disallowed the First Reading of the Assets of Departed Asians Amendment Bill, after Workers’ Representative, Hon. Abdulhu Byakatonda, informed the House that the matter is before court.
The Bill seeks to wind up operations of the Custodian Board and Byakatonda said that the Board is being represented in court by the Attorney General with a possibility of recovery of over 1,00 properties.
“We are using the same Act that we are proposing to amend, this could jeopardise the recovery of properties and under Rule 73 [Rules of Procedure] would allude to sub-judice. I request that we stay this until matters in court are concluded,” Byakatonda said.
Hon. Wilfred Niwagaba (Indep., Ndorwa County East) explained that once the Custodian Board is wound up, all the cases will be terminated and government properties will be taken away.
The Deputy Attorney General conceded, saying that the matter will further be looked into.
Several RAPEX Bills were, however tabled for First Reading and referred to relevant committees and these include:- 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.
