Case against Mao, NRM deal due in April
DP president, Mr Norbert Mao (left) poses for a photo with President Museveni (right) after the former’s swearing in ceremony as the new Justice and Constitutional Affairs minister at State House Entebbe. PHOTO/ PPU
What you need to know:
- Court documents further indicate that whereas the ministerial appointment of Mr Mao is not contested by the petitioners, his taking of the job while still serving as DP leader undermines the same Articles
The Constitutional Court has directed parties in a case challenging the legality of a cooperation agreement between President Museveni and Democratic Party leader Norbert Mao to prepare for hearings due in April.
In her communication issued yesterday outlining how the petition will be handled, Ms Susanne Okeny, the deputy registrar at the court, instructed lawyers representing the petitioning DP members and the Attorney General to file evidence they plan to rely on.
Ms Okeny informed the parties they are expected to simultaneously file written scheduling memoranda covering brief facts, issues to be resolved in the petition and a list of authorities backing their arguments.
“The parties are to file and serve conferencing notes by March 1; petitioners are to file and serve submissions by March 18; respondents to file and serve submissions by March 29 and rejoinder if any by April 15,” Ms Okeny directed.
Three days later, the court will then entertain the inter-parties conference on April 18, the registrar said.
Ms Okeny indicated that following the conferencing session whatever will have been agreed upon would be sent to the head of the court for directions on the “way forward about the quick disposal of the application/petition”.
In September 2022, six party members who are also MPs, including Mr Michael Philip Bayiga Lulume; Ms Fortunate Rose Nantongo; Mr Richard Sebamala and Mr Fred Kayondo sued DP; its president general, Mr Mao; secretary general Dr Gerald Siranda, and the Attorney General.
In their petition, the six allege that on July 20, 2022, Mr Mao who was described as ‘chairman general’ of DP signed a cooperation agreement with the ruling National Resistance Movement (NRM), of which President Museveni is chairman, without authority, consultation or consent from the organs of the party.
They also assert that the deal, which was signed in the presence of Dr Siranda, was concluded without following the provisions of the party constitution.
“Even though in the DP there’s no such position as chairman general, the first respondent (Mao) still carries with him the position/title of DP president,” the legislators stated.
Their petition notes that after signing the agreement, Mr Mao as ‘chairman general’ was July 21, 2022 appointed minister of Justice and Constitutional Affairs by the President, and on August 2 he took the oath of office as a Cabinet minister.
“The act of the third respondent (DP), represented by the first and second (Dr Siranda) respondents signing the said CA with NRM undermines the spirit, letter and principles of democratic governance and is inconsistent with and in contravention of the provisions of Articles 1(4), 8A, 29(1)(a), (b), (d) and (e), 38, 71(1)(c) and 117 of the Constitution of Uganda,” the petition notes.
Court documents further indicate that whereas the ministerial appointment of Mr Mao is not contested by the petitioners, his taking of the job while still serving as DP leader undermines the same Articles.
The petitioners want court to declare the agreement null and void and also want a permanent injunction restraining all DP organs from ratifying it.
The Constitutional Court has also been asked to restrain Mr Mao and Dr Siranda from entering into a similar agreement with other political parties without observing the party constitution.
