Create Constitutional Review Commission
President Museveni (with hat) and wife Janet are seen off by then Parliament Speaker Jacob Oulanyah (2nd left) and his deputy Anita Among after the State of the Nation Address at Kololo Independence Grounds in 2021. PHOTO | ABUBAKER LUBOWA
What you need to know:
- The issue: Constitutional review
- Our view: The President should, as a matter of urgency, establish a Constitutional Review Commission to close all the gaps.
Speaker Jacob Oulanyah’s death after only nine months in office, and the “madness” of his replacement before burial, is a clear reminder to us all that death is like an outfit that at some point or another, everyone has to wear.
A lot has been said about the lawmakers who were busy hunting for votes in a strange contest for Speaker and Deputy Speaker. This came at a time when the country is mourning Oulanyah’s death. Others questioned Oulanyah’s death, forgetting that as God-fearing people, in such difficult situations like this, we believe that what God gives, he can also take. We should, therefore, understand that everyone dies, and when his or her time comes, the angel of death is unstoppable. This is a fact of life.
But the constitutional obligation to replace Oulanyah before his body is returned from Seattle, the US, infuriated many Ugandans as well as the President and other categories of leaders in the country. However, this was not in any way intended to disrespect Speaker Oulanyah and MPs found themselves in a dilemma.
It is the “absurdity” of Article 82 of the 1995 Constitution that provides that subject to Clause (4) of Article 81, “No business shall be transacted in Parliament other than election to the office of Speaker at any time that office is vacant.” This provision, in our view, along with other ambiguities in the 1995 Constitution should be cured to allow the Deputy Speaker to steer the House for 30 days before election of the Speaker.
While our leaders have singled out Article 82(4), our view is that after 27 years, the 1995 Constitution has come of age and is due for a comprehensive review. We need to revisit the constitutional safeguards and the President should, as a matter of urgency, establish a Constitutional Review Commission (CRC) to close all the gaps and strengthen the supreme law of our land.
The piecemeal approach has not worked. It has made matters worse and this problem has exposed the impotence of the Legislature. Since the Prof Frederick Edward Ssempebwa CRC concluded its work in December 2003, government has been toying with the question of the review commission.
For instance, in the run up the 2016 general election, Parliament passed the Constitution Amendment Bill 2015 which deliberately ignored the 26 proposed Opposition reforms and many calls for constitutional reforms.
The challenges are many, but our view is that the new leadership of the 11th Parliament, Ms Anita Among, and her deputy Thomas Tayebwa should put an end to piecemeal constitutional amendments. Let the new House leadership work with the Executive to establish a CRC.
RIP Jacob Oulanyah.
