Prime
Museveni to appoint new EC boss as Byabakama's term expires
EC chairperson, justice Simon Byabakama appears at Parliament in 2023. PHOTO/FILE
What you need to know:
- Mr Nobert Mao, the minister for Justice and Constitutional Affairs, the docket that oversees the Commission, told this publication about the matter last month that appointments would be made “in accordance with the law.” He was unavailable for comment by press time.
The Electoral Commission (EC) offices have been vacant for two days now following the expiration of the tenure of the commissioners on January 7, putting on a standstill any policy related activities.
“The management and staff of the Electoral Commission congratulate the Members of the Commission on the successful completion of their term of office for the period 7th January 2017 to 7th January 2024,” the EC said in a statement.
This publication established the commissioners have not reported to office since.
“Their term of office ended and that is what happens,” Mr Paul Bukenya, the EC spokesperson said.
The said commissioners include Chairperson Simon Byabakama, his deputy Hajat Aisha Lubega, Mr Peter Emorut, Mr Stephen Tashobya, Ms Nathaline Etomaru and Hajj Mustapha Ssebagala.
The seventh member, Ms Justine Ahabwe, left office last month following the expiry of her second term.
Mr Faruk Kirunda, the deputy Presidential press secretary told this publication that President Museveni had, as of yesterday, not made any appointments.
Article 60 of the Constitution which establishes the EC provides a seven-year tenure for the commissioners, renewable only once.
Clause 4 of the Article specifically obligates the president, who is the appointing authority, to renew the mandate of an incumbent EC commissioners three months before the end of their running term. Legally thus, Justice Byabakama and the team are no longer eligible for reappointment.
The duties of commissioners as under the Constitution, include organising, conducting and supervising elections and referenda. The Commission is also in the early stages of implementing its electoral roadmap for the 2026 general election.
Mr Bukenya said any such responsibilities would have to wait until appointment of new commissioners.
“If the matter of such nature comes up it will then await the commission…It is the technical team which is managing affairs…it is led by the secretary. We are managing day to day business as we await the processes of appointment,” Mr Bukenya added.
Mr Nobert Mao, the minister for Justice and Constitutional Affairs, the docket that oversees the Commission, told this publication about the matter last month that appointments would be made “in accordance with the law.” He was unavailable for comment by press time.
The President under the law appoints EC commissioners, who are then vetted and approved by Parliament’s Appointments Committee chaired by the Speaker. Parliament yesterday said they had not received any communication in regard to appointees.
“When the Speaker gets a list from the President, the Clerk to Parliament will communicate to the nominees the vetting date,” director for communication and public affairs at Parliament, Chris Obore said.
But this unilateral manner of appointment has for years been a point of contention, with the Opposition demanding its amendment, reasoning their loyalty would be biased in favour of the appointing authority as opposed to facilitating a free and fair election. In December 2016, members of the opposition, led by Ms Winnie Kiiza boycotted the vetting of the former commissioner. But their suggestion to have an independent entity such as the Judicial Service Commission or the Public Service Commission appoint EC commissioners on merit has yet to see the light of day.
Justice Byabakama organized and oversaw one election –one of the most violent presidential poll in the political history of Uganda in 2021- where President Museveni was declared victor against his main challenger, Mr Robert Kyagulanyi of the National Unity Platform (NUP). The commission, however, came under criticism for what critics viewed as selective application of rules instituted to guide "digital campaigns".
Mr Kyagulanyi’s camp at the time accused the EC and law enforcement of playing double standards by, according to him, allowing supporters of the ruling National Resistance Movement (NRM) party flag bearer, Mr Yoweri Museveni, to mass up rallies, while those of opposition gatherings were usually violently broken up.
In a statement posted on microblogging platform X, formerly Twitter, the team highlighted its achievements including conducting LC 1 & II elections in 2018 after 17 years. The commission also conducted 39 Parliamentary by-elections, 12 LC 5 by-elections and by-elections for 762 lower Local Government Council positions.
What the law says
Article 60 of the Constitution provides that:
(1) There shall be an Electoral Commission which shall consist of a chairperson, a deputy chairperson and five other members appointed by the President with the approval of Parliament.
(3) The members of the Commission shall hold office for seven years, and their appointment may be renewed for one more term only.
(4) If the appointment of a member of the Commission is being renewed, the renewal shall be done at least three months before the expiry of the first term.
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