MPs during a plenary session chaired by Speaker Anita Among on July 2. Chances of having the motion to discuss the alleged misconduct by four backbench parliamentary commissioners by the House was virtually lost after the 14-day window mandated by law to have it tabled elapsed on August 20, 2024. PHOTO/DAVID LUBOWA
Chances of having the motion to discuss the alleged misconduct by four backbench parliamentary commissioners by the House was virtually lost after the 14-day window mandated by law to have it tabled elapsed yesterday.
Mr Theodore Ssekikubo, the Lwemiyaga County MP, and champion of the motion, which sought to impeach the commissioners, was left dejected yesterday.
“We are insisting on it, we cannot let go, we fulfilled the entire process. Why would she [Speaker] frustrate it at the last minute? We cannot allow this kind of illegality to continue. We are here at Parliament saddened, wondering why the Parliament, that’s supposed to sit on this day and resolve this matter be sent by her on unscheduled recess,” Mr Ssekikubo lamented yesterday.
Lwemiyaga County MP Theodore Ssekikubo and his Arua Central Division counterpart Jackson Atima during a press conference at Parliament on July 25, 2024. PHOTO/DAVID LUBOWA.
A section of MPs moved against their commissioners in May, accusing them of irregularly sharing among themselves Shs1.7b service award, and also approving a Shs30m monthly allowance for themselves, and illegal trips, and other misconduct.
The backbench commissioners included former Leader of Opposition in Parliament Mathias Mpuuga, Esther Afoyochan (Zombo District Woman), Prossy Akampurira (Rubanda District Woman) and Solomon Silwany (Bukooli County).
Mr Ssekikubo, who had pitched camp at Parliament with the thin hope that Speaker Anita Among would change her mind and come and chair the House, said: “She has really pushed us to the wall; we have no option but to confront her. We are considering suing her for contempt of Parliament.”
At least 13 legislators had lined up to second the motion that was to be tabled by Mr Ssekikubo.
They included Sarah Opendi (Tororo District Woman), Herbert Tayebwa Musaazi (Kashongi County), Rose Obigah (Terego District Woman), Patrick Isingoma Mwesigwa (Hoima East), Joseph Gonzaga Sewungu (Kalungu West), Richard Gafabusa (Bwamba), Denis Lee Onguzu (Maracha), Susan Abeja (Otuke District Woman), Patrick Nsamba Oshabe (Kassanda North), Allion Yorke Odria (Aringa South), Jonathan Odur (Erute North), Simon Peter Opolot (Kanyum), and Isaac Otimgiu (Padyere).
But a day earlier, Mr Adolf Mwesige, the Clerk to Parliament, in an August 19 Notice of Parliamentary Sitting, informed all the MPs that the House sitting that had been adjourned by the Deputy Speaker Thomas Tayebwa on August 15 to yesterday, had been extended to August 28 when the regional sittings commences at Kaunda Grounds in Gulu City.
This move pulled the rug under the feet of the petitioners and riled Mr Ssekikubo.
“The 14 days on which the matter has to be discussed elapse today that is why we are insisting on the House sitting. We are wondering why the Speaker is acting like this. She must be neutral. Whatever she is doing is illegal,” Mr Ssekikubo said.
The commissioners accused of sharing Shs1.7b (L-R): Mathias Mpuuga (Nyendo – Mukungwe MP), Prossy Mbabazi Akampurira (Rubanda Woman MP), Esther Afoyochan (Zombo Woman MP) and Solomon Silwanyi (Bukooli Central MP). PHOTOS/ FILE/ COURTESY
The process had attracted 187 signatures, which gave the green light to Mr Ssekikubo and team to proceed to the next step, namely writing to the Clerk, who would within 14 days be expected to put the motion on the order paper for discussion by the whole House. It was yesterday that the group required at least half of the 528 House members with voting rights, which is 264, to vote in their favour to have the commissioners impeached.
Rule 110 of Parliament empowers the House to remove any member of the Commission except the Speaker, her deputy, the Leader of Government Business, the Leader of the Opposition, and the minister of Finance.
Court ruling
The motion first hit a snag after Justice Douglas Karekona Singiza, of the High Court in Kampala, in an August 12 ruling, exonerated the backbench parliamentary commissioners of any wrongdoing, saying the funds were part of the National Budget.
Justice Singiza instead faulted Mr Mwesige against whom he said disciplinary proceedings should be initiated for his role in the decision-making and implementation of the contested service awards.
Ms Sarah Bireete
Justice Singiza's ruling prompted the Speaker to inform Mr Ssekikubo, in an August 16 letter that Parliament cannot deliberate on the issue that the court has already pronounced itself on.
“I am constrained to take further action on the motion following several court decisions that cited Parliament for debating and resolving on matters that courts have decided upon. Indeed, Article 128(3) of the Constitution is clear on the fact that all organs and agencies of the State shall accord to the courts such assistance as may be required to ensure effectiveness of the courts,” read part of her letter.
Other issues
But Ssekikubo, in an August 19 letter, countered that the service award was just one of the issues that were supposed to be discussed and its scraping off following the court decision should not cancel the entire motion.
“Parliament is known as the temple of democracy because it should be an arena for championing citizens’ views and wishes in a democracy but ours is the reverse. We have no effective Parliament,” he said.
“The conduct the commissioners affronts the dignity of Parliament, it denigrated public trust and confidence in the institution, has brought the House and its members into disrepute, thereby breaching the code of conduct of Members of Parliament as enumerated in Appendix F of the Rules of Procedure of Parliament, particularly paragraphs 2, 3, 4 and 5 of Appendix F of the Rules of Procedure,” the motion reads.
Ms Sarah Bireete, the executive director of Centre for Constitutional Governance, said the Speaker has usurped the functions of Parliament.
“The commissioners and Business Committee who would push back against her excesses seem to be largely absent in 11th Parliament,” she said.
Parliament speaks out
Mr Chris Obore, the director of communication and corporate affairs at Parliament, yesterday said the MPs should stop acting as if they are the only ones who know the laws that govern Parliament.
Speaker Anita Among
“If that group of MPs are indeed interested in good governance as they say, they should stop being personal against the person of the Speaker. Understanding of the law is not limited to that team only [because] Parliament has a fully-fledged team of lawyers that understand its operations and the adjournment of the House is a prerogative of the Speaker,” he said.
“The Speaker responded to Honourable Ssekikubo on the motion which was on service award. The court has already pronounced itself on the matter and that is the only issue that was submitted to the Speaker. If they have another issue, they should submit it and wait for the Speaker’s response,” he added.
