PARLIAMENT OF UGANDA REPORT OF THE SECTORAL COMMITTEE ON LEGAL AND PARLIAMENTARY AFFAIRS on ‘THE CONSTITUTION (AMENDMENT) BILL, 2015 fe omnes OF THE CLERK TO PARLIAMENT PARLIAMENT BUILDINGS A qe . KAMPALA - UGANDA. ZL % Lk ‘ ae Aye JULY 2015 cde pta 1,0 Introduction ‘The Constitution (Amendment) Bill, 2015 was read for the first time at the 27® Sitting of the 3" Meeting of the 4 Session of the 9 Parliament of Uganda held on Thursday 30" April 2015. The bill was subsequently referred to the Committee on Legal and Parliamentary Affairs for scrutiny, 2.0 Background Chapter 18 of the Constitution of the Republic of Uganda provides for the amendment of the Constitution. Article 259 provides as follows; (1) Subject to the provisions of this Constitution, Parliament may amend by way of addition, variation or repeal, any provision of this Constitution in accordance with the procedure laid down in this Chapter. (2) This Constitution shall not be amended except by an Act of eat: Parliament- ascertainable quantitative and qualitative qualifications in respect of agé, “ citizenship, academic credentials, professional background, work experience, and issues of political orientation. This will inherently address the question of perception of bias or partiality by those % Ppointed as commissioners and aptly deal with the professional demands of the Commission. In the United Republic of Tanzania, the Electoral Management body is composed of professionals with diverse skills and qualifications were the chairperson and the deputy have to be judges of the High Court or Court of Appeal who has held such a position for a period of not less than fifteen years while the other members are drawn from professional bodies such as the law society of Tanzania. In Ghana, members of the Electoral Management Body must be persons | qualified to be a Member of Parliament of Ghana. ae In Rwanda, Article 11 of law No. 31/2005 relating to the g l= [i and functioning of the Electoral Commission requires that a person to be appointed as a commissioner must be a person of integrity and must be a holder of a Bachelor's Degree from a university or from a state nee higher learning a = \ Hut a__=_==__===F=E In Kenya, Section 6 of the Independent Electoral and Boundaries Commission Act requires that the Chairperson of the Commission shall be a person qualified to hold office of judge of the Supreme Court. For the other Members of the Commission, a person is qualified for appointment if they hold a degree from a recognized university or have relevant experience in Electoral Matters, management, finance, governance, public administration and law. In Uganda, Article 60(2) of the Constitution requires that members of the commission shall be persons of high moral character, proven integrity and must possess considerable experience and demonstrated competence in the conduct of public affairs. To this end, Uganda is : compliant in this regard as far as prescribing qualifications for Members of the Electoral Commission. Indeed, the current Electoral Commission is composed of professionals, including Doctorate holders in the field of languages, a lawyer, an engineer, an accountant and a’ seasoned politician. This diverse array of skills ensures that the Elector commission is professionally run and highly qualified in public « management. The vetting by Parliament ensures this. () Term of Office ‘The term of office of the members of the Electoral Management Bod! must be long enough to encourage professionals to apply for these posts 3 but short enough to prevent complacency and abuse. The duration of the term of the members of the Electoral Management Body must be balanced with the need to attract professionals as well as ensuring institutional continuity. There are dangers associated with short term renewable terms of office for Commissioners in Electoral Management Bodies. One of the dangers is that Commissioners tend to view the potential re-appointment as an incentive to make politically convenient decisions that will ultimately provide them with a safety net of a re— C appointment by the appointing authority, To avoid the dangers associated with re-appointment, it is important to. give a relativelyUganda Electoral Commission, but entrench a legal caveat against non- renewal of appointment after expiration of the Commissioner’s term of Office. The following table provides a comparative overview of the length of tenure and term of office for Electoral Commissioners in East Africa Burundi Members of the National Electoral Commission have three year terms which are renewable without restriction. Comparatively, Burundi maintains the most liberal terms of office for its Commissioners. Kenya Members of the IEBC are eligible to one term of six years. Rwanda Commissioners hold office for a term of three years but renewable once. Tanzania Members of the National Electoral Commission are appointed to a single term of five years; In Uganda, Article 60 (3) of the Constitution requires that Electoral Commissioners hold office for seven years but their appointment can be renewed for one term only. Uganda complies with this tenet owing to the fact that Commissioners serve for a predetermined term of office. Even where they are reappointed, their reappointment is not automatic but subject to vetting and approval by Parliament. At this point, Parliament vets the performance of the Commissioners during the preceding term to satisfy itself of the suitability of the member for reappointment. () Security of Tenure ora, Security of tenure for members of Electoral Management electoral management bodies can make decisions without fear of being dismissed or mistreated. To ensure security of tenure, members of the guaranteed. Security of tenure is aimed at ensuring that members of ue Electoral Management Body must be protected from rkitral acts of the we Ae fs so gy Py hy jodies must beappointing authority or those in power. This means that the security of tenure of Electoral Management Bodies must be enshrined in the enabling law, which may prescribe circumstances under which those members can leave their offices. In Kenya, for instance, Article 251 of the Constitution of Kenya lays down a procedure for removal of a Commissioner. A person desiring to remove a Commissioner has to petition the National assembly which then considers the grounds of the petition and refer the matter to the President. The President appoints an independent tribunal to expeditiously investigate and report on the matter. The tribunal investigates, and makes recommendations to the President who has to pods act on the recommendations of the tribunal within thirty days from the day he/she receives the tribunal report. In the United Republic of Tanzania, Article 74 of the Constitution of the United Republic of Tanzania requires that electoral commissioners ca: > only be removed from office by the President for failure to discharge their functiops either due to illness or misconduct. In Ghana, once appointed, Members of the Electoral Commission of Ghana cannot be dismissed except on grounds of infirmity or insanity after certification by an independent medical board. Such guarantees safeguard members from possibilities of any undue removal from office by the executive or any other stake holders that could easily have direct interest in electoral affairs. In South Africa, Section 7 (3) of the Electoral Commission Act requires that members of the election management body of South Africa can only be removed from office by the President on the grounds of misconduct, incapacity or incompetence and after a finding to that effect by a committee of the National Assembly upon the recommendation of the af Electoral Court. ‘The recommendation to remove a member of the election ers of that $" management body must be adopted by a majority of the meAssembly by a resolution, calling for that commissioner's removal from office. In Rwanda, Electoral Commissioners can be removed on presidential orders. In Uganda, security of tenure for Electoral commissioners is guaranteed under Article 60 (8) of the Constitution, which requires that a member of the commission may only be removed from office by the President only for the reasons provided there under, which are similar to those of other constitutional offices. These reasons are inability to perform the functions of his or her office arising out of physical or mental incapacity; misbehavior or misconduct; or incompetence. This has been further entrenched in the proposed amendment, Clause 1 (b) which requires that the question as to whether a member of the electoral commission should be removed from office has to be referred to an independent tribunal to investigate. Article 65 of the Constitution also grants the Electoral commission's power to appoint staff of the commission which enhances its independence : it ~ (g) Conditions of service International best practices require that the conditions of service of the Electoral Management Body should be guaranteed to ensure that the body can perform its functions without difficulty. In most cases, the salaries and remuneration of members of the electoral Management bodies is entrusted in the hands of an independent body or determined by Parliament. This not only assures the Electoral Management Body of é their ben its and Salaries during their term of office, but also protects them from any undue influence.In the Republic of Kenya, conditions of service of Members of the Independent Electoral and Boundaries Commission are determined by an independent body, the Salaries and remuneration Commission established under the Salaries and Remuneration Act, 2011. In Ghana, the conditions of service of Commissioners are benchmarked to those of the High Court Judges. In South Africa, the conditions of service of Commissioners are determined by the President after consultation with the Commission on Remuneration of Representatives. In Uganda, Article 66 (1) of the Constitution requires that Parliament ensures adequate resources and facilities are provided for the Electoral Commission to enable it perform its functions effectively. Furthermore, 66 (3) of the Constitution guarantees the administrative expenses of the Electoral Commission, such as salaries, allowances and pension are charged on the consolidated fund. It should be noted that clause 11 of the Constitution (Amendment) Bill, 2015 proposes to put in place a Salaries and Remunerations Board which shall determine the salaries of all public officers and other persons whose salaries or allowances are paid from the consolidated fund. This will enhance their independence by ensuring that their salaries and allowances are determined by an independent body. Coyne | (4) Funding of the Electoral Commission The laws governing the funding of the Electoral Management Body should establish an appropriate, secure and transparent framework that enables the institution to effectively execute its mandate. The law must offer the Election Commission structural leverage in determining its priorities and adequate budget.In Kenya, the section 18 of the Independent Electoral and Boundaries Commission establishes the Independent Electoral and Boundaries Commission fund to which monies appropriated from Parliament and other sources can be deposited for purposes of meeting the financial needs of the Commission. In Ghana for instance, the legislature has no power to alter or reject any part of the EC’s proposed budget. Its funding is a separate line item in the national budget, released directly to the Commission by the Treasury. In Nigeria and the Seychelles some parts of the Electoral Commission’s budget cannot be altered by the Executive or the legislature. Costs to general elections, voter education, and voter registration should be considered for placement under the protected category. ‘In Uganda, the Constitution in Article 66 grants the Electoral Commission a self-accounting status. Indeed the Odoki Commission observed that “one factor that can easily be overlooked but which can be detrimental to the independence and impartiality’ of the Electoral Commission is the lack of resources to carry out its functions”. It is important that the government should provide all the necessary resources. To underscore the importance of availing the EC with adequate resources, the commission proposed that there should be a constitutional provision to that effect. This was actually provided for under Article 66 of the Constitution which among others requires that Parliament provides adequate resources and facilities are provided to the commission to enable it to perform its functions effectively, (i) Powers of Electoral\Management Bodies Ka:‘The electoral law must grant the Electoral Management Bodies strong powers relating to management and regulation of elections. These include security, candidates/political parties’ coverage in the media, conduct of candidates, use of money resources in campaigns, etc. Where the laws are not of a specific nature, the manner in which the listed areas are managed could have a bearing on whether an election is considered as free and/ or fair. ‘The Kenyan Independent Electoral and Boundaries Commission Act, 2011 is more explicit and provides express authority to the Commission. For example the Act, inter alia, gives the Independent Electoral and Boundaries Commission powers to order the arrest and prosecution of Cabinet Ministers, their assistants and other government officials who use offici | vehicles for their campaigns and impound such vehicles and or punishments /resources. It also grants powers to IEBC to order the arrest, prosecution and or punishment of a person who breaks electoral laws. The electoral law must define the Commission's investigative and sanctioning powers in specific terms. The actions and duties which the electoral management body is empowered to perform must also be’ drafjed in definitive, exact and plain manner. In Uganda, Article 61 of the Constitution mandates the Electoral | Commission to “ensure that regular free and fair elections are held”. Furthermore, various electoral laws such as the Electoral Commission Act, Cap 140, The Parliamentary Elections Act, 2005 and the Presidential Elections Act, 2005 generally grant the Electoral Commission power to ea ensure free and fair elections. ( \ TT Ho , From the above criteria, the current Electoral Commission of Uganda \ largely meets the benchmarks for an Independent Elections Management a The current Electoral eR should Sd to fgfulfill its mandate of ensuring free and fair elections are held. The committee observed that there is sufficient constitutional and legal provisions for conducting credible, free and fair elections. RECOMMENDATIONS The Committee recommends that Article 60 of the Constitution be amended as proposed in the Bill. (b) by inserting immediately after clause (8) the following— “(9) Any question for the removal of a member of the Independent Electoral Commission shall be referred to a tribunal appointed by the President, and the President may remove the member if the tribunal recommends that the member should be removed on any of the grounds specified in clause (8) of this article. (10) Where the question for removal of a member involves an allegation that the member of the Independent Electoral Commission is incapable of performing the functions of his or her office arising from physical or mental incapacity, the President shall, on the advice of the head of the Health Services of Uganda, appoint a medical board which shall investigate the matter and report its findings to the President with a copy to the tribunal. (11) Where a tribunal is appointed by the President under clause (9) of this article in respect of any member of the Independent Electoral Commission, the President shall suspend that member from performing the functions of his or her office. i 5 | (12) A suspension under clause (11) of this article shall cease t3 have effe if the tribunal advises the President that the member suspended should not be removed.” KO ai if oe | WrEffect of the proposed amendment Whereas the Constitution provides the grounds upon which a member of the Independent Electoral Commission should be removed, the proposed amendment secks to put in place a procedure through which the member may be removed. Stakeholder’s proposals (a) Electoral Commission The clectoral commission observed that the proposed amendment, specifically the proposed Article 60 (9) was not in line with the object of the Bill and needed to be realigned with the object. The object of the bill was to prescribe a procedure for the removal of members of the Independent Electoral Commission, similar to the that adopted in the removal of a judicial officer Law Reform Commission agreed with the proposal to have the (b) Law Reform Commission removal process of a commissioner established in the Constitution. They reasoned that this will enhance the independence of the pede procedure for the removal of judicial officers, In that regard, the Electoral commission opined that clause 9 falls short in achieving .~ that objective and advised the committee to reconsider it. It therefore proposed that the removal of a commissioner of the“ Agena electoral Commission should take the same steps as, (ce) NRMO BA + Agreed with the ‘Gog % qe a. de a qe ly Mer(d) CEDDU - Citizens Coalition for Electoral Democracy in Uganda CCEDU welcomed the proposed amendment as an important procedural safeguard for commissioners against possibility of any undue interference/removal irom office by the executive. Law Development Centre (LDC) LDC agreed that the removal of commissioners should be similar to the removal of members of the judiciary as provided for under Article 144 (2), (3) and (4) of the Constitution. Regional Meetings Majority of citizens who interacted with the Committee welcomed the proposed amendment as an important procedural safeguard for commissioners against possibilities of any undue interference/removal from office by the executive, Where commissioners are appointed and can easily be dismissed by the head of the executive (president in most countries), they easily become susceptible to political pressure. Under Article 60(8) of the Constitution, the President may remove a member of the Commission for any of the reasons specified. However, there is no due process provided for the removal of the Commissioners. The proposed amendment seeks to stream line the process of removal of Electoral Commissioners. Therefore, a process that involves appointment of a tribunal to investigate and make appropriate recommendations for the removal of Electoral Commissioners is necessary. This would guarantee security of tenure for the Electoral Commissioners, thereby enabling them to make decisions without fear of arbitrary removal from office or victimization in any way. This process would further strengthen the independence of the Electoral Commission in that, the President can only appoint a tribunal after an independent body has investigated and found it appropriate that a Member of the Blectoral Commission shouldbe further investigated with a view of making a recommendation as to whether such a member should be removed or not. RECOMMENDATIONS The Committee recommends that Article 60 of the Constitution be amended as proposed in the Bill. 2. Amendment of Article 72 of the Constitution Article 72 of the Constitution is amended— Effect of the proposed amendment The proposed amendment intends to allow persons the right to form political parties or political organizations. It should be noted that the body of Article 72 of the Constitution already allows a person to establish (a) by substituting for the head-note the following “Right to form political parties or political organizations” a political party or organization. Therefore, this amendment is intended to bring the head note in line with the body of that Article and make it clear. Stakeholder’s proposals 7 (a) Electoral Commission f The Electoral Commission agreed to and supported the proposal & for the inclusion of the phrase “political organization” in the head <>—— note. CCEDU- Citizens Coalition for Electoral Democracy in Uganda 4 fx Gosia ae bho fooCCEDU supported the proposed amendment (c) The Dialogue and Democracy Training centre ‘The proposed head-note falls short in describing the content of the article. It only provides for the right to form political parties and organization yet the article provides for regulation of political party financing and functioning, the right to stand for election, and the regulation of the manner of participation in and financing elections. They therefore proposed that the head- note be amended to provide for the right to form political parties and organization, the right to stand for clection and pe of political party financing and financing of {d) Opposition (FDC, DP, JEEMA, CP) The opposition agreed with the amendment to the head note of Article 72. Analysis ‘The proposed amendment will make the provision clearer. should be adopted. (b) By substituting for clause (4) the aa Recommendation ea The committee agrees to the proposal “yen recommends that it “(4) A person may stand for election as a candidate independent of a political party or political organization if that person is supported by the signatures of at least one , thousand registered voters in the constituency, in the case of . [f Ge , fe Se gf Sw Fier emembers directly elected to represent constituencies or district, in the case of district women representatives.” Current Constitutional Provision Any person is free to stand for an election as a candidate, independent of a political organization or political party. Effect of the Proposed Amendment The amendment essentially requires that for a person to stand as independent Member of Parliament, he or she has to be supported by at least one thousand registered voters in the constituencies Stakeholder’s proposals Electoral Commission a hy © The Electoral Commission voiced concerns over the proposal’ Guiring a person who intend to contest as an independent Member in an election to be supported by one thousand registered voters from the Constituencies in which he or she | 2,7 YS intends to stand. It questioned whether the same requirement would apply to persons standing at Local Government Level. * The Commission also questioned why persons sponsored by political parties or organizations are only required to be supported by twenty yet Independent candidates are re to present one thousand signatures. Law Reform Commission * The Commission sought clarification as to whether the requirement applies to independent Presidential Candidates, independent Members of Parliament or Local Council Candidates + The commission also noted that this provision infringes on Article 21 of the Constitution, since it has the effect of treating different fe yr (epee les: i Aine { & Se nye 2 Pe aaSE eee persons differently by setting different standards and applying them to candidates vying for the same constituency. Opposition (FDC, DP, JEEMA, CP) «The opposition disagreed with this amendment to article 72 (4) of the Constitution since it is discriminatory and contrary to articles 21 and 29 (1) (a), (a) and (c) of the constitution and therefore should be deleted. CCEDU- Citizens Coalition for Electoral Democracy in Uganda * CCEDU found issue with the proposed amendment reasoning that the requirement that independent candidates be supported by signatures of 1000 registered voters in the area they intend to stand is an affront to article 21 of the Constitution which calls for the equality of all persons before the law. They therefore proposed that all candidates be required to produce 10 signatures before being nominated. ‘The Dialogue and Democracy Training centre Proposed that this amendment be dropped by the committee. They TUS ed that the proposed amendment is restrictive and unfair and it doesn’t facilitate the growth of democracy. The fact that party members are opting to run as independents should be enough motivation for political parties to have internal reforms and transparent process and procedure. FIDA * Rejected the proposal made by Government to require 1000 signatures from independent candidates’ nomination. FIDA reasoned that it is discriminatory against the independent candidates and forces them to associate with political parties and y of the voters who would be indirectly (ota LOforced to reveal the candidate they support yet secret ballot is constitutionally protected under article 68(1) of the Constitution. Law Development Centre * Rejected the proposed amendment since it is discriminatory in nature. Analysis n | ‘ ‘The above amendment appears to discriminate against the independent candidates as far as subjecting them to collect 1000 signatures yet candidates backed by political parties collect only 20 signatures. This would be viewed as being contrary to Article 21 (1), (2) and (3) of the Constitution. Specifically Article 21 (1), (2), (3) reads as follow- ' \ (1) All persons are equal before and under the law in all spheres of * political, economic, social and cultural life and in every other pect and shall enjoy equal protection of the law. (2) Without prejudice to clause (1) of this Article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability. (3) For purpose of this Act, discrimination means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political a” — opinion or disability ‘A candidate who chooses to stand for elective office independent of a political party or organization has expressed an opinion that he or she will not belong to any political party or organization. Therefore, to requirethat the independent member should collect 1000 signatures to support his or her candidature yet the same doesn’t apply to candidates sponsored by a political party or organization would be discriminatory and contrary to Article 21 of the Constitution. RECOMMENDATION The Committee recommends that the proposal be dropped with the justification that it is discriminatory. 3. Amendment of Article 81 of the Constitution. ‘The proposed amendment to Article 81 is as follows- (a) by substituting for clause (2) the following— 2) Whenever a vacancy occurs in Parliament, the Clerk to Parliament shall notify the Independent Electoral Commission in writing within ten days after the vacancy has r the Independent Electoral Commission has received notification of the vacancy from the Clerk to Parliament.” Current Constitutional Provision o> “Whenever a vacancy exists in Parliament, the Clerk to ent shali notify the Electoral Commission in writing within ten days Apes i S and a by-election shall be held within sixty days after the vacancy has occurred; and a by-election shall be held within sixty days after the vacancy has occurred.” Effect of the Proposed Amendment The amendment requires that a by-election for a Member of Parliament is to be held 60 days after the Independent Electoral Commission has received notification of the vacancy from the Clerk to Parliament. Currently, the Constit requires oad a by. My, a 48 i Spot” feteclection for a Member of Parliament is held 60 days alter the vacancy has occurred. Stakeholder’s proposals Law Reform Commission The commission agreed with the proposal and asked for its adopiion since it will give the Electoral Commission sufficient time for conducting a by-election. Opposition Political Parties (FDC, DP, JEEMA, CP) ‘The opposition finds this development unique and untenable. Enlarging the period under which the constituency shall be un- represented is to disfranchise the voters of their constitutional | rights of their representation. — Ce CEDDU- Citizens Coalition for Electoral Democracy in Ugant CEDDU welcomed the proposed amendment since it recognized there is need to provide adequate time for the Electoral Commission to organise a by-election. Analysis The mischief has been that sometimes, by the time the Electoral Commission is notified by the Clerk to Parliament, the time within which to conduct the election is not sufficient. l Spay tA fotThe Committee recommends that the proposal be adopted. (b) by inserting immediately after clause (2), the following— “(2a) where the seat of a Member of Parliament is declared vacant by a court— (a) the registrar of the court shall transmit to the Clerk to Parliament a copy of the judgment of the court within ten days after the declaration; and (2) the Clerk to Parliament shall notify the Independent Electoral Commission in writing of the vacancy within ten days after receiving the judgment from the registrar of the court.” Effect of the proposed amendment + requires the registrar of the Court that has declared’ a Member of Parliament's seat vacant to transit the judgment of court to Api Clerk to Parliament with 10 days after declaration \ The proposal further requires the Clerk to Parliament to notify ab the Independent Electoral Commission of the vacancy within aw oh Stakeholder’s proposals Opposition (FDC, DP, JEEMA, CP) a + The opposition disagreed with the proposal, reasoning that the 10 days after receiving notification current provision is sufficient and should be retained. They reasoned that whenever a vacancy appears in Parliament through ateit to the Clerk. Nowhere can a judgment be enforced without extracting a decree. This amendment is therefore unnecessary. CEDDU- Citizens Coalition for Electoral Democracy in Uganda) CCEDU was of the view that the time for notification of the Electoral Commission should be standardized at 10 days Law Development Centre Rejected the proposed amendment reasoning that it is the Clerk to Parliament’s role to keep Parliament in order and any vacancies are notified to the EC. It should therefore be the duty of the clerk to extract judgments from different courts but not the registrars of court. The current proposed amendment would turn the registrars of court into process servers. Law Reform Commission ‘The commission also welcomed the proposal for the registrar of court to send a copy of the judgment to the clerk. However, the commission also proposed that judgment sent to the Clerk to Parliament be the certified true copy of the judgment. Cow — (wha lik Analysis The proposed amendment is necessary to provide the time limits within which the registrar should inform the clerk and the clerk to inform the , independent electoral commission of the occurrence of a vacancy in Parliament. e Bearing in mind that the Electoral Commission will be required to gazette the vacancy, carry out candidate nomination, oversee campaigns, eet prepare election materials, display voter registers as well as conduct the G4, : Aba and declaration of results, the proposed amendment is necessary ‘ Sat g Aand required to enhance its efficiency. In Kenya for instance, Article 101 (2) of the Kenyan Constitution requires the Speaker of the National Assembly to, within 21 days, communicate the occurrence of a vacancy to the Independent Electoral and Boundaries Commission and to the party to which the Member belonged. Recommendation The Committee recommends that this proposal be adopted. 4. Amendment of Article 83 of the Constitution The proposed amendment to Article 83 is as follows- (a) in clause (1), by substituting for paragraph (g) the following— @ if that person leaves the political party or political organization for which he or she stood as a candidate for election to Parliament to join another political party or political organization or to remain in Parliament as an independent member, or otherwise ceases to be a member of the political party or political organization for which he or she stood as a candidate for election to Parliament;” Current Constitutional Provision Cutt i Article 83 (1) (g) is as follows- “if that person leaves the political party for which he or she stood as a candidate for election to Parliament to join another party or to remain in Parliament as an independent member;”The proposed amendment requires that a Member of Parliament shall vacate his or her seat if that person leaves the political party or political organization for which he or she stood as a candidate for election to Parliament to- (a) join another political party or political organization, or (0) to remain in Parliament as an independent member, ot {c) otherwise ceases to be a member of the political party or political organization for which he or she stood as a candidate for election to Parliament. Stakeholder’s proposals ccEDU * Whereas CCEDU appreciated the spirit in which this amendment is proposed, which is to promote party discipline and cohesion within the political parties or organization, CCEDU is nevertheless equally _7 mindful of Article 1(4) of the Constitution which accords the people the right to determine who represents them in Parliament. CCEDU therefore proposes that a member of Parliament who ceases to be a Member of a political party or organization for which he or she stood remains a Member of Parliament unless he or she has been recalled by the electorate. ( ( We Mas Law Reform Commission * The commission also agreed with the proposal and but cautioned that it might be subjudice at the moment since there is an on-going matter in Court. ‘The Dialogue and Democracy Training centre * Proposed that this amendment be dropped. The justification is that most political parties are still struggling with building internal rae. systems, Many of the current processes and procedures yoare not transparent and agreed upon by the members. This also applies to processes and procedures upon which a person may be expelled from the party. This kind of amendment should only be made under a proportional representation system where one comes to parliament through the party list. But under our direct elections and the first past the post system, MPs are even elected by voters who don’t belong to their political parties. It will be unfair to have such people lose their seat. Law Development Centre ‘* Rejected the proposed amendment since it has the effect of curtailing a person’s right to associate and join a political party or organization of their choice. Furthermore, the power to choose leaders should at all times remain with the people to decide who to govern them out of their, will and consent. Comparative Analysis The following countries have similar provisions in their legislation. These are- In Rwanda, Article 78 of the Constitution of Rwanda requires that a deputy who, during his or her mandate, either resigns from his or her political organization or resigns from the Chamber of Deputies or is expelled from the political organization to which he or she belongs in accordance with provisions of the organic law governing political organizations or joins another political organization, shall automatically lose his or her seat in the Chamber of Deputies. f In Kenya, Article 103 (1) (¢) of the Constitution requires that a member of the National Assembly will lose his or her seat if, having been elected to Parliament as a member of a political party, the member resigns fromthat party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated or as an independent candidate, the Member joins a political party. In South Africa, Article 47(5) (c) of the Constitution of South Africa requires that a Member of Nation Assembly loses his or her seat if he or she ceases to be a member of the party that nominated that person as a member of the Assembly. South Africa has a system of proportional party representation where the party lists are used to elect the members to the House depending on the votes the party garnered during the general elections. In East Timor, Article 16 of the Constitution of East Timor provides that a Member of Parliament elected to the National Parliament on a list presented by a political party or a coalition of parties and who, after his or her election, transfers himself or herself to another party or is dismissed by his or her party in accordance with the internal procedures of the latter, shall forfeit their seat. Q . Yo, “apie and Sri Lanka ‘A Member of Parliament loses his or her parliamentary seat if he or she resigns or leaves a party in which he or she was elected to parliament or is dismissed by the party. However, where a member loses his/her seat as a result being dismissed party his or her party, in these countries, the seat belongs to the party to which the person who lost it belonged since Membership is on a party list system. In the United Republic of Tanzania, Article 71 (e) of the Tanzanian Constitution requires that a Member of Parliament ceases to be a Member where a Member of Parliament ceases to be a member of a party 7to which he belonged when he was elected or appointed to be a Member of Parliament. The Committee while agreeing with the principle in the amendment proposed that a constitutional provision requiring political parties or organizations to follow a transparent and fair process in disciplining their Members. This is to be provided for in an Act of Parliament. Recommendation The Committee agrees with the proposal and recommends that Parliament prescribes a procedure to be followed in disciplining Members within the Political Parties. (b) by inserting immediately after clause (2), the following— “(2a) Clause (1) (g) and (h) shall not apply to an independent member joining a political party or political organization of @ member leaving a political party or organization within twelve months before a general election to participate in activities or programmes of a political party or political ‘organization relating to a general electio! Effect of the proposed amendment The proposed amendment will allow members elected to Parliament as independent or on a party ticket to join another political party or organization twelve months before a general election without losing their parliamentary seats. This means that a Member may leave a political party to join another political party or organization or an independent Member may join a party without losing their parliamentary seats. Stakeholder’s proposals G Law Reform Commission Sain ye See o> | ge,Although the Commission agreed in principle with the proposal, it cautioned that it might cause a challenge since election dates are hardly fixed twelve months to a general election. They further argued that it might be a challenge if the dates are fixed less than twelve months to elections. Opposition Parties (FDC, DP, JEEMA, CP, Federal Alliance) wed : ‘The opposition supported the amendment but argued that the period within which members are permitted to cross the floor should be reduced to six months before a general clection. FIDA (Uganda) FIDA rejected the proposed amendments to article 83 of the constitution. They proposed that this article should remain as it is presently. FIDA _// reasoned that Article 83 of the Constitution purposely was included in the constitution and was intended to encourage internal party democracy, critical so that members may expressly themselves openly and freely on any matter without fear victimization. Analysis , An individual is free under the Constitution to associate with persons he or she desires. If this is looked at from the lenses of a Member of Parliament and/or his or her constituents, such a member is free to a associate with political parties or organizations as he deems fit. It should be noted that a Member of Parliament may have changed his or her mind after four years belonging to a party. Such a Member should be given an opportunity to cross to another party or become independent and be able to exercise his or her right to participate in a subsequent election. : Gate f | & Gh Gye” 4 _ UsGiven that already where a vacancy appears in Parliament 6 months before a general election, it can't be filled, the 12 months are sufficient for purposes of enabling a member participate in the parties’ primary elections. There is however need to clearly state in the law the effect of the crossing on parliamentary activities especially the seating arrangement, participation in parliamentary activities, allocation to committees and the directions of whips over such a person. The Committee recommends that; ] i. the proposal be adopted with the justification that twelve (12) 7 months allows sufficient time to allow the members participate in the party primaries of the parties to which, they have crossed, : ti, the twelve months period be pegged to the end of the term of Parliament and not the date of the general elections which varies from one election year to another, tit, this provision be applied to all elected leaders at the Local Government level. (i f 4 - 5. Amendment of article 131 of the Constitution Article 131 of the Constitution is amended by substituting for clause (2) the following— < 42) When hearing appeals from the decisions of the Court of ' Appeal sitting as a Constitutional Court, the Supreme Court shall consist of seven members of the Supreme Court.” dd Current Constitutional Provision “When hearing appeals from decisions of the Court of Appeal sitting as a Yy constitutional court, the Supreme Court shall consist of a full bench ofall members of the Supreme Court; and where any of them is not able to attend, the President shall, for that purpose, appoint an acting justice under article 142(2) of this Constitution” Effects of the proposed amendment The proposal establishes the quorum for the Supreme Court while hearing Constitutional appeals from the Constitutional Court to be seven member: Opi __ jtakeholdei’s proposals Citizens Coalition for Electoral Democracy in Uganda * Welcomed the proposed amendment since it will help clear case Va backlog at the Supreme Court Law Reform Commission * The Commission welcomed the proposed amendment. * FIDA supports the proposed amendment as it strengthens the independence and impartiality of the Judiciary by removing the provision of temporary Supreme Court Judges in constitutional petitions, which is susceptible to abuse or perception of abuse. Analysis The proposed amendment will enhance the independence of the Supreme S— Court by establishing the quorum of the Supreme Court on second Chappeals. This means that the position of acting justice will not be tenable in Uganda RECOMMENDATION The Committee recommends that this proposal be adopted. 6. Amendment of article 144 of the Constitution Article 144 of the Constitution is amended— (a) in clause (1j(a) by substituting for “seventy years” the words “seventy five years”; and (®) in clause (1) (b) by substituting for “sixty five years” the ae Current Constitutional Provision Article 144(2) of the Constitution provides that: A judicial officer may retire at any time after attaining the age of sixty years, and shall vacate his or her office- (a) in the case of the Chief Justice, the Deputy Chief Justice, a justice of the Supreme Court and a justice of Appeal, on attaining the age of seventy years; and (b) in the case of the Principal Judge and a judge of the High Court, on attaining the age of sixty-five years; New ‘ Effects of the proposed amendments ‘The proposed amendment increases the retirement age of- (@) the Chief Justice, the Deputy Chief Justice, justice of the Supreme Court and a justice of Appeal from seventy (70) years to seventy five (75) years. (b) The Principal Judge and a judge of the High Court from sixty five (65) years to seventy (70) years. * (65) y ty (70) y uae a C LkStakeholder’s proposals on proposed amendment of Article 144(2) Law Reform Commission + The Commission is of the opinion that an avenue should be provided for justices and judges to continue to offer services after attaining the age of retirement as this would address the concerns that are proposed in the amendment. * The Commission also proposes that the title of acting justice of the Supreme Court, acting Appeal or acting judge of the High court only applies to situations where a justice or judge sits on a quorum in a court of appeal where he/she is not a permanent member. Opposition Political Parties (FDC, DP, JEEMA, CP, Federal Alliance) * The opposition believes that this is a specialised skill that takes long to develop and proposes that in both benches, the retirement age should be set at 75 years of age. CCEDU-( * Whereas the proposal to increase the retirement age may be well alition for Electoral Democracy in Uganda) conceived to enable them server longer, it's the concerned view of . CCEDU that this proposal doesn’t go to the root of the addressing the concerns presently faced by the judiciary. CCEDU recommends that the current retirement age be retained. Instead, more investment be /s made in the administration of justice through increase judicial to the higher bench. a Co FIDA doesn’t support the proposals made to amend article 144 (1) (a) training, better remuneration and adoption of merit based promotion if relating on the retirement from the bench. FIDA therefore recommends = <— ak that the current position remains as it is provided for currently. / fi p aLaw Development Centre * LDC was of the view that if the age of justices is to be altered, it should be lowered so that younger judicial officers can join the bench. Centre for Public Interest Law, Uganda Whereas the Centre for Public Interest Law, Uganda agreed with the principle in increasing the retirement age of judges, they recommend that difference between the mandatory retirement age for judges and that of justices be scrapped. Instead, the Constitution should require all judicial s to retire at the age of 75 years. The Committee noted that the retirement age for all other civil servants is 60 years. Senior judicial officers need to retire from the strenuous judicial work where they are still relatively energetic to pursue other pe work either in private or public life. Most stakeholders were of the view that the retirement age for Judges should not be altered. i A RECOMMENDATION Oita, ‘ The Committee recommends that the status quo be maintained ani the proposal be dropped with the justification that increasing the \ retirement age would make growth in the judiciary more difficult for young lawyers. 7. Amendment of article 147 of the oo eeArticle 147(1) of the Constitution is amended by substituting for paragraph (b), the following— “(b) subject to the provisions of this Constitution, to review and make recommendations on the terms and conditions of service of judges, other judicial officers and staff of the judiciary appointed in accordance with article 148A of this Constitution;” Current Constitutional Provision “Subject to the provisions of this Constitution, to review and make recommendations on the terms and conditions of service of judges and other judicial office Effects ofthe proposed amendment To require the Judicial Service Commission to review and make recommendations on the terms and conditions of service of staff of the - judiciary appointed in accordance with the Constitution. Stakeholder’s proposals Law Reform Commission * Welcomed the proposal since it will enhance the independence of the judiciary. Opposition Political Parties (FDC, DP, JEEMA, CP, Federal Alliance) * The opposition welcomed the proposed amendme CCEDU * CCEDU welcomes the proposed amendment since it will improve the performance and accountability of such staff. ie Fen, ~ Cy]Analysis Majority of the stakeholders were in agreement with the proposed amendment. However, if this proposal is adopted, it will require the amendment of section 5 of the Judicial Service Act, Cap 14 to include Article 148A as one of the functions of the Judicial Service Commission. RECOMMENDATION The Committee recommends that the proposal be adopted. 8. Insertion of new article 148A Chapter Right of the Constitution is amended by inserting immediately alter article 148, the following— “148A Appointment of staff of the Judiciary Notwithstanding article 172(1\b), the Judicial Service Commission shall be responsible for the appointment, discipline and removal of such staff of the judiciary as may Were: be prescribed by Parliament by law.” Effects of the proposed amendment ‘The amendment is intended to grant the Judicial Service Commission powers of appointment, discipline and removal of staff of the Judiciary. Stakeholder’s proposals f Opposition Political Parties (FDC, DP, JEEMA, CP, Federal Alliance) ‘The Opposition political parties welcomed the proposed amendment. CCEDU CCEDU welcomes the proposed amendment.Analysis Stakeholders agreed with the proposed amendment. However, if this proposal is adopted, this provision will require the amendment of the Judicial service Act, Cap 14 especially, Section 7 thereof to make provision for how the staff will be recruited, disciplined and their terms of service. Currently support staff in the judiciary are appointed by the public service Act RECOMMENDATION ‘The Committee recommends that the proposal be adopted. 9. Amendment of article 223 of the Constitution ‘The proposed amendment to Article 223 of the Constitution is as follows- “(1a) The Inspectorate shall be a body corporate with capacity to sue and be sued in its corporate name.” ‘The amendment intends to make the Inspectorate of Government a body corporate with capacity to sue and be sued in its corporate name. 6 Stakeholder’s proposals Opposition Political Parties (FDC, DP, JEEMA, CP, Federal Alliance} * The opposition welcomed the amendment Law Development Centre OWioy, * LDC was of the view that the proposed amendment should be dropiyd since the current Constitutional provisions of the Inspectorate of Government are good enough. Ae amendment ped Ben, Wy)Analysis Although the proposed amendment is intended to bestow onto the IGG corporate status, this provision conflict with Article 119 of the Constitution which requires Attorney General to be the advisor to Government and represent Government in Courts in all legal proceedings in which Government is a party. It should be noted that the IGG is a Government department which is represented in civil matters by the Attorney General. RECOMMENDATION The Committee recommends that the proposal be dropped with the justification that the Office of the Attorney General is competent to resent the Inspectorate of Government in Court. 10. Insei Proposed amendment to Chapter Fifteen of the Constitution is as varticle 241A follows— . “City land boards 241A. City land boards (1) There shall be a city land board for each city. ¢ (2) Parliament shall by law prescribe the member: procedure and terms of service of a city land board. (3) The functions of a city land board are— (a) to hold and allocate land in the city which is not ¢ owned by any person or authority; (b) to facilitate the registration and transfer of interests in land; and (c) to deal with all other matters connected with land in & the city in accordance with laws made by Parliament. (4) In the performance of its functions, a city land board shall be independent of the Uganda Land Commission and shall not be subject to the direction or control of any person or eyauthority but shall take into account national and city council policy on land.” Effect of the proposed amendment The effect of this amendment is to establish city land boards in all cities in Uganda. The city land boards will exercise powers ordinarily exercised by the district land board. Stakeholder’s proposals Opposition Political Parties (FDC, DP, JEEMA, CP, Federal Alliance) ‘The opposition objects to this amendment and instead prefers the amendment of the head-note under Article 240 of the Constitution since ies and Districts have the same status. Law Development Centre pede The Law Development Centre welcomed the proposed amendment. Mr. Nester Kiingi and Ms. Kalyesubula Winnie dae RI Proposed that the proposed amendment be dropped because it is sub f judice owing to the fact that they instituted a case against KCcA for YY disbanding Kampala Land Board and the matter hasn’t been decided upon by Court. They aver that the effect of the proposed amendment would abolish Kampala District Land Board and replace it with another entity called the City Land Board, Analysis This amendment is a consequential amendment to the constitution after : & - the 2005 amendment which introduced Kampala Capital City Authority. Le There is need to create city land boards which are akin to the district land boards.On the issue of whether the proposed amendment will be sub judice, regard is had to, the provisions of Rule 64 (1) of the Parliamentary rules of procedure which prohibits a Member from referring to any particular matter which is sub judice. Rule 64(2) defines a sub judice matter to be one which refers to active criminal or civil proceedings which in the opinion of the Speaker, its discussion is likely to prejudice its fair determination. In determining whether a matter is subjudice, one must be mindful to the requirements of Rule 64 (2) and (5) of the Rules of Procedure of Parliament. Specifically, Rule 64(2) of the Rules of Procedure of Parliament envisage that- a) The matter is active; b) The Matter was instituted before a Parliamentary Committee or the House began investigations into it or opened debate on it respectively; c) The proceedings of the House or the Committee will affect or have a bearing on the decision of the presiding Officer in the Matter during Trial 5 It should be noted that the question as to whether a matter is sub judice is determined by the Speaker under rule 64 (5) of the Parliamentary rules of Procedure. In that regard therefore, we propose that the Speaker makes a ruling on the matter. ; : RECOMMENDATION The Committee recommends that the proposal be dropped with the justification that it is subjudice. of 11. Insertion of new article 247A te ‘The Constitution is amended by inserting immediately after article 247 We the following—(1) There shall be a body known as the Salaries and Remuneration Board. (2) The Salaries and Remuneration Board shall consist of a Chairperson, a Deputy Chairperson and such other members as Parliament shall by law prescribe, all of whom shall be appointed by the President with the approval of Parliament. (3) The Salaries and Remuneration Board shall be responsible for determining the salaries and allowances of all public officers and other persons whose salaries or allowances are paid from the Consolidated Fund. (4) A member of the Board may be removed from office on any of the following grounds— (a) inability to perform the functions of his or her office arising from infirmity of body or mind; (b) Misbehavior or misconduct; or {c) Incompetence d = (5) A member of the Board shall vacate office if he or ‘she is under a sentence of death or a sentence of imprisonment exceeding nine months without the option of a fine imposed by a competent court. (6) In this article, salary and allowances inclu gratuity and benefits.” Lie “ Effects of the proposed amendments cf t The proposed amendment intends to establish a salaries and remuneration board with the responsibility of determining the salaries ee and allowances of all public officers and other persons whose salaries or Zt allowances are paid from the Consolidated Fund. It appears that this body will be in charge of determining the salary and allowances of fdated fund and not persons whose salaries are drawn from the con;CMs the Public service, Ministries, Departments or agencies that have been exercising such mandate in the past. Stakeholder’s proposals Law Reform Commission * The Commission welcomed the establishment of the salaries and remuneration board since it will address the current disparities in the salary structure of different government institutions. The commission however advised that there is need to harmonies this provision with ‘Article 85 on the determination of emoluments of Members of Parliament. © The Commission proposed to delete the word “vacate” appearing in article 247 (5) and replace it with the word “cease” * The Commission also proposes that the qualifications of the officers of the board should be provided. * The Commission also proposed that Member of the board should vacate office on conviction for an offence involving moral turpitude, the gravity of the sentence imposed withstanding. ‘Oppositiog Political Parties (FDC, DP, JEEMA, CP, Federal Alliance) * The opposition opposes the creation of the salaries and remuneration board which shall be a redundant body in the : creation just to look on salaries. * Government should rather empower and put this function under the public service, institute an independent inquiry to study all government salaries and recommend to the public service commission to harmonize the salary structure in the country,* CCEDU welcomed the proposed amendment since it will ensure uniformity of allowances, salaries and beneficiaries of all public officials. Comparative analysis with other jurisdiction Kenya Kenya has a Salaries and Remuneration Commission established under article 230 of the Kenyan Constitution and the Selaries & Remuneration Commission Act, 2011. This commission composed of person appointed by the President and nominated from across the different commissions in the Kenyan Constitution as well as the senate and trade unions. The functions of the Commission is to among others, inquire into and determine the salaries and remuneration to be paid out of public funds to State officers and other public officers, Keep under review all matters relating to the salaries and remuneration of public officers and advise the national and county governments on the harmonization, equity and fairness of remuneration for the attraction and retention of requisite skills in the public sector, \ ia e ‘The Salaries Review Commission is established in. accordance with, Section 140 of the Constitution of the Republic of Trinidad and Tobago. ‘The Commission consists of a Chairman and four (4) members, who are appointed by the President after consultation with the Prime Minister and the Leader of the Opposition. 2. Section 141(1) of the Constitution provides for the Commission to review from time to time, with the approval of the President, the salaries and other terms and conditions of service of the offices falling within its purview. : 6, mom GY LSA Soh 'Article 87(4) requires that salaries of Members of Parliament and staff of Parliament are to be determined by Parliament respectively, subject to Article 93 of the Constitution. Therefore, the determination of salaries and allowances by the salaries and remunerations board of salaries of members of Parliament and parliamentary staff would affront that provision and would be unconstitutional. With regard to the above therefore, the Committee proposes that the salaries and remunerations board should be limited to determining the salaries of public officers except those which are determined by 7 Parliament. Hera 3 RECOMMENDATION ‘ ir The Committee recommends that the proposal be adopted subject to Article 85 and 87(4) to exclude Members of Parliament and Staff of the Parliamentary Commission. The Committee further recommends that this board be engaged on. @ part time basis except for the Chairperson and the Deputy Chairperson who should be permanent. 6.0 GENERAL RECOMMENDATIONS i . 6.1 Need for a comprehensive Constitution amendment process ‘The establishment of the salaries and Remuneration board will have the following legal consequences- It will have the effect of determining the salaries of Members of Parliament contrary to Article 85of the Constitution. Article 85 andThe Committee received submissions from Government and Private Institutions, Civil Society Organizations and individual Members of the Public as listed in the methodology. From the consultative meetings, it became evident that there was popular demand that the Constitution required major amendments beyond the amendments that were proposed by Government in the Bill before the Committee. The Committee has attached a copy of a compilations of views collected touching on matters outside the scope of the bill. 6.2 Delayed introduction of the Constitution Amendment Bill; The Committee noted with concern that the failure by the Government to introduce the Constitution (Amendment) Bill to Parliament in time made it impossible for the 9% Parliament to deliver in time the constitutional and electoral reforms to the people of Uganda ahead of the 2016 General Elections. 6.3 The need for a Constitution Review Commission Of The MM) ag that a Constitution Review Commission be set up to process the proposals received by the Committee outside the scope of the Bill 6.4 Conclusion The Committee recommends that the Bill be passed into law subject to the proposed amendments.PROPOSED AMENDMENTS 1, Clause 2 (a) Delete Clause 2 (b) JUSTIFICATION It discriminates against independent candidates and is therefore contrary to Article 21 of the Constitution. 2, Clause 4 {a) Substitute for Clause 4(b) the following: “(2a) Clause (1) (g) and (h) shall not apply to an independent member joining a political party or political organization or a member leaving one political party or organization to join another political party or organization or become an independent Member within twelve months before the end of the term of Parliament to participate in activities or programmes of a political party or political organization relating to a gene seid YE — oe ai i, For clarity ii. To allow Members of Parliament to cross the floor within ~ twelve (12) months from the end of the term of Parliament, ( given that the general election dates are not easily ascertainable. \en Insert a new Clause (2b) immediately after clause (2a) as follows; j/ C Seyi? xy eer © ; BP? ay eo Sy(2b) Parliament shall by law, prescribe the grounds and procedure that every political party or organization must follow before terminating a person’s membership to a political party or organization.” JUSTIFICATION To ensure that political parties or organizations follow a transparent and fair process in disciplining their Members. 3. Delete 6 Clause of the Bill Boy JUSTIFICATION 1. The proposed amendment doesn’t allow growth within the judiciary. Increasing the age will curtail the promotion of lower cadres to the bench. 2. The constitution has given special consideration to the judges compared to other professional whose retirement age is set at 65 years. Therefore, increasing the retirement age will make the situation worse. quay, 3. Judges can be appointed on contract upon estan) retirement and therefore it is not necessary to increase their retirement age. . 4, There is need to provide avenue for young people to serve in the judiciary and to raise to the bench. Wok ‘ 4. Amendment of article 223 of the Constitution Delete Clause 9 of the Bill JUSTIFICATION eg é6. The office of the Attorney General is competent and empowered to represent the Inspector General of Government in accordance with Article 119 of the Constitution. Clause 10 of the Bill Delete Clause 10 of the Bill JUSTIFICATION The matter is sub judice. Amendment of Clause 11 of the Bill Substitute for Clause 11 the following- “247A. Salaries and Remuneration Board following persons appointed by the President- ii, ii, iv, i. (a) A Chairperson; (1) There shall be a body known as the Salaries and Remuneration 7 Board. H (2)The Salaries and Remuneration Board shall be composed of the (b) One person, each nominated by the following bodies, from among persons who are not members or employees of those bodies- : The Public Service Commission; ~ V, The Judicial Service Commission; Wha The Education Service Commission; ‘The Health Service Commission; Local Government Finance Commission; (c] One person each nominated by- ‘The Minister responsible for Finance, ‘The Attorney General,(3) Subject to Articles 85 and 87 of the Constitution, the Salaries and Remuneration Board shall be responsible for determining the salaries and allowances of all public officers and other persons whose salaries or allowances are paid from the Consolidated Fund and in particular, the Board shall. (a) advise the President on the remuneration and benefits of all public officers and regularly review the remuneration and benefits of all public officers, (b) perform such other functions as maybe prescribed by Parliament by law. (4) In performing its functions, the Board shall take into account the following principles- (a) the need to ensure that the total public salaries and allowances bill is fiscally sustainable, (b) the need to ensure that the public services are able to attract and retain the skills required to execute their functions, (c) the need to recognize productivity and performance; a 2 (a) transparency and fairness (4) The Chairperson and members of the Board shall be persons of high y moral character and proven integrity and shall serve for a period of five years and be eligible for re-appointment, (5 A member of the Board may be removed from office on any of the a following grounds— (a) inability to perform the functions of his or hgr-office arising from infirmity of body or mind; (b) Misbehavior or misconduct; (c) Incompetence; or (a) fa ae toa Od . | seh fe(6) A member of the [Board shall vacate office if he or she is under a sentence of death or a sentence of imprisonment exceeding nine months without the option of a fine imposed by a competent court. (7) The emoluments of members of the Board shall be prescribed by the Parliament and shall be charged on the Consolidated Fund. (8) Subject to the provisions of this Article, Parliament shall by law regulate the functioning of this Board. (8) The Salaries and Remuneration Board shall submit to Parliament an annual report on the performance of its function, making such recommendations as it considers necessary and containing such information as Parliament may require. (9) In this article, salary and allowances includes gratuity and benefits.” ; JUSTIFICATION ah other, ‘ V9 J 1, To provide for a composition of the Salaries and Remuneration Board. 2. To comply with Article 85 and 87 of the Constitution on the determination of the emoluments of Members of Parliament to preserve the independence of Parliament. 3. To require the Salaries and Remuneration Board to advise the President and Parliament on the remuneration and benefits of public officers. é 4, To require that the member of the board may be removed from office if a person is appointed to a public office. 5. To require that the emoluments of members of the Board are to be prescribed by Parliament charged on the Consolidated Fund.COMMITTEE ON LEGAL AND PARLIAMENTARY AFFAIRS APPROVING THE REPORT ON THE CONSTITUTION (AMENDMENT) BILL, 2015 NO | NAME CONSTITUENCY | PARTY | SIGNATURE, T, | Hon. Tashobya Stephen Kajara NRM 2. |Hon. Baka Stephen M. Bukooli North "I 3. | Hon. Achia Remigio Pian 4. | Hon. Obua Denis H. Ajuri 5. | Hon. Timbigamba Lindah’ Kyenjojo 6. |Hon. Musinguzi Yona ‘Ntungamo, 7. | Hon. Kamateka Jovah Mitooma 8. | Hon. Kabakumba Masiko Bujenje 9. | Hon. Ndeezi Alex PWDS | 10. | Hon. Nyakecho Okwenye A. | Otuke 11. | Hon. Byarugaba Alex B Isingiro South 12, | Hon. Nakayenze Connie Mbale TS. | Hon. Amoding Monicah Youth National NRM y 5 14. | Hon. Mbabazi Betty Rubirizi NRM ‘ : TS, | Hon. Todwong Richard Nwoya NRM 16, | Hon, Simbwa John Makindye East NRM 17. | Hon, Harriet Ntabazi Bundibugyo Ni 18. | Hon, Lowila CD Oketayot Pader 19. | Hon. Kakooza James Kabula 20.{Hon. Abdu Katunta Bugweri Z 21. | Hon. Medard Labega 8. Busiro Bast 22. |Hon. Joseph Balikuddembe | Busiro South DP yer 23. | Hon. Namayanja Florence Bukoto Bast DP 24. | Hon. Paul Mwira ‘Jinja Mun. East FDC 25. | Hon. Ayena Chrispus ‘Oyam North UPC = 36. | Hon. Fox Odoi Oywelowo West Budama North ee 27. | Hon. Otada Sam Amooti Kibanda Indep. 28. | Hon. Mujungu K. Jennifer Ntoroko a Indep. = 29. | Hon. Sarah Mpabwa (Lt. Col.) | UPDF fic 30. | Hon. Niwagaba Willred Ndorwa EastPARLIAMENT OF UGANDA MINORITY REPORT OF THE SECTORAL COMMITTEE ON LEGAL AND PARLIAMENTARY AFFAIRS oN ‘THE CONSTITUTION (AMENDMENT) BILL, 2015 OFFICE OF THE CLERK TO PARLIAMENT PARLIAMENT BUILDINGS KAMPALA - UGANDA JULY 2015x 1.0 Introduction The Constitution (Amendment) Bill, 2015, a Government Bill was read for the first time at the 27% Sitting of the 3°" Meeting of the 4 Session of the 9% Parliament of Uganda held on Thursday 30 April 2015.The Bill was subsequently referred to the Committee on Legal and Parliamentary Affairs for scrutiny. On the . .day of .....2015, the speaker ruled that the Committee would consider the Bill together with all other views brought by the people of Uganda, The Bill provided a vehicle for the People of Uganda to express themselves on the process of amending their constitution for the better. 2.0 Background Rt. Hon Speaker, Article 79 of the Constitution of the Republic provides as follows; "79, Functions of Parliament. (1) Subject to the Provisions of this Constitution, Parliament shall have the power to make laws on any matier for the peace,, order, development and good governance of Uganda. (2) Except as provided in this constitution, no person or body other than Parliament shall have the power to make any provision having the force of law in Uganda except under authority of an Act of Parliament. (3) Parliament shall protect this constitution and promote the democratic Governance of Uganda” Rt. Hon Speaker and Honourable members, it is imperative to strongly caution ourselves whenever called upon to make laws, to remind ourselves of that solemn responsibility especially while dealing with our great constitution that establishes our High offices as Members of ee ooParliament, bearing in mind the aspirations of our people as expressed variously whenever permitted to do so. Further, Chapter 18 of the 1995 Constitution of the Republic of Uganda provides for the amendment of the Constitution. Article 259 provides as follows; (1) Subject to the provisions of this Constitution, Parliament may amend by way of addition, variation or repeal, any provision of this Constitution in accordance with the procedure laid down in this Chapter. (2) This Constitution shall not be amended except by an Act of Parliament- (a) the sole purpose of which is to amend this Constitution; and (b) the Act has been passed in accordance with this Chapter. The Chapter also specifies: amendments that require a referendum; ii, amendments requiring the approval by the district councils; iii, the quorum required for Parliament to pass constitution amendments; The proposals contained in the Bill, together with others expressed by the people may be passed by Parliament as prescribed by Article 262 of the Constitution without difficulty. 3.0 Methodology The Committee extended an invitation to all interested parties through the Media and meetings were held with all those that indicated interest in making submissions on the Bill. Outside Kampala, the (eg Sree3.1 Memoranda In the process of scrutinising the Bill, the Committee met and received memoranda from the following stakeholders; 1. The Hon. Minister of Justice and Constitutional Affairs /Attorney General, Electoral Commission, Uganda Law Society, Democratic Party, Justice Forum - JEEMA Forum for Democratic Change Law Reform Commission eR Cer ee Cae ete Family Life Network 9. Kituo Cha Katiba 10. Maragoli Community in Uganda 11. Hon. Aleper Simon 12. Hon. Tinkasimire Barnabas 13. Hon. Opolot Jacob 14. Hon. Dr. LulumeMayiga. 15. Foundation for Human Rights Initiative /CCEDU 16. Free and fair elections Campaign 17. Political Parties not represented in Parliament 18. National Resistance Movement Organisation 19. The Human Dignity Foundation 20. Law Development Centre 21, Center for Health, Human Rights and Development (CEHURD) 22. Uganda Women’s Network (UWONET) +» 23. Legal Aid Service Providers’ Network(LASPNET) 24. Inter-Party Organisation for Dialogue 25. Dialogue and Democracy Training Cen} 4 committee identified and visited Regions across the country and met several people who expressed various views on the process.v 26. 27, 28. 29, 30, 31 32, 33. 34, 365, 36. 37. 38. 39. 40. al. 42. 43. 44, 45. 46. FIDA-Uganda Centre for Constitutional Governance Centre for Social and Economic Rights Uganda Health Consumers Association Uganda Joint Christian Council Prof. V. Baryamureeba Inter-Party Youth Platform Hon. John Mulimba Mr. Ssebulime Willy, Mr. Nkubi Richard, Mr. Robert Atuhairwe Mr. Isaac I Lubega National Alliance for Change The Conservative Party M/S Kwesigabo, Bamwine and Walubiri Advocates ‘The Paluo/Chope community in Uganda ‘The ‘Bayindi’ community in Uganda ‘The Uganda-Banyarwanda Hon. A. N. Makubuya (The Minister of Justice in Buganda Kingdom) ‘The Industrial Court of Uganda Prof, Gordon Wavamunno 3.2 Regional Workshops The Committee held public meetings workshops in the following regional districts; He Here ee eee eee Masaka Mbarara/Ntungamo Kasese Kabarole Iganga Mbale7. Kapchorwa 8. Moroto 9. Gulu 10. Lira 11. Pader 12. Kitgum 13. Nakasongola 14, Masindi 15. Nebbi 16. Arua 3.3. Regional Benchmarking The Committee sent delegations to the Republic of Kenya and the People’s Republic of Tanzania to benchmark and pick lessons on the Independence of the Electoral Commission, Judicial reforms, determination of emoluments paid to public officials, the electoral process, and related matters. 3.4 Scope of the Work of the Committee The Committee, as directed and/or guided by the Speaker, received submissions and proposals for amendments to the entire Constitution from various stakeholders. ‘The Committee received proposals specific to the Bill and also received submissions touching outside the scope of the Bill. 4.0 Objective of the Bill The minority agree with the objects as summarized by the majority brethren with respect to the objective of the Bill.POINTS OF DESSENT; This section of the report gives a critical analysis and a basis for dissent in the proposed amendments to the 1995 Constitution. The majority have given a thorough analysis in some instances to provisions tackled. The majority have, however, left out critical views submitted by the people. Observations: 1, Clause 1 of the Bill which seeks to amend article 60 of the Constitution as follows; (a) by substituting for clause (1) the following_ “(1) There shall be a Commission called the Independent Electoral Commission which shall consist of a Chairperson, a Deputy Chairperson and such other members as Parliament shall by law prescribe, all of whom shall be appointed by the President with the approval of Parliament’; The proposal is only to change the name to ‘INDEPENDENT ELECTORAL COMMISSION”. This, in our view, is not sufficient to establish an independent commission desired by the people as expressed in the views received In our view, the independence can only be seen in the tenets of independence as expressed by the principles and guidelines on the independence of the Electoral Management Bodies as developed by the SADAC countries. «, These include a) The commissioners should be hired through a transparent’ public appoints ss that enlists 1 20)db) a wider stakeholder consultation and _ still public confidence. ‘The composition of EC must have such professional commissioners and technical staff able to manage elections more efficiently and impartially The qualifications of the commissioners must be provided by the law to guarantee that the persons appointed to have the necessary experience in executing their duty independently. ‘The term of office should be secured to ensure that the commissioners work without fear or favor. Conditions of service; international based requires adequately remuneration and privileges of commissioners to avoid compromising the independence. Funding of the EC; the laws governing electoral management bodies should provide for an appropriate’ secure and transparent framework that enables the commission to minimize independence in the execution of its mandate. The Stakeholders who interacted with made several proposals regarding the proposed amendment to Article 60 + They proposed that the name of the Electoral Commission should be “the Uganda Independent Electoral Commission” or the Independent Electoral Commission of Uganda”. The justification was that there was need to emphasize its identity as a Uganda’s election body + Proposed to have the number of commissioners fixed in the Constitution rather than have them determined by Parliament. The justifications were- fa) that the other Constitutional Commissions, such as the Uganda Human Rights Com: Judicial ServiceCommission, Public service Commission etc, have their membership fixed in the Constitution. {b) to enhance its independence, they emphasized that the manner of appointment must change. ‘The proposals are summarized by the majority n the report and we annex the summary for ease of reference. Regional public meetings All the regions consulted agreed with the proposal to create an independent, impartial and fair referee that can freely preside over elections and referenda. They emphasized that change of name is not enough but the tenets of an independent Electoral Body. RECOMMENDATIONS The minority recommend that Article 60 of the Constitution be amended as follows; (1) by substituting for clause(1) the following— Amendment of Article 60[1] a) “There shall be an Independent Electoral Commission consisting of a Chairperson and Deputy chairperson together with Nine other Commissioners appointed by the Judicial Service Commission. b) The chairperson and deputy Chairperson who shall be a persons qualified to be Judges of the High Court of Uganda. (2) A person shall not be appointed as chairperson, deputy chairperson or a member of the Commission unless that person is a x citizen of Uganda who- (a) is of high moral character and proven integrity;(b) has demonstrated competence in the conduct of public affairs; {c) holds a degree from a recognized university; and (d) possess considerable experience in- electoral matters; i, law; iii. finance; iv. governance; or y. public administration. (2a) A person shall not be appointed to the Commission if that person- (a) has been convicted of a criminal offence by a competent court anywhere in the world; (b) has been declared bankrupt; (c) is of unsound mind; (a) has, at any time within the preceding five years, held office or stood for election as a member of Parliament, a member of a local government or a member of the governing body of a political party or organization; (c) being a public officer, has not obtained leave in accordance with the procedure of the service or employment to which the person belongs.” By substituting for cause (3) the following _ “(3) The members of the commission shall hold office for seven years and are not eligible for reappointment.” (4) By substituting for clause [4] the following: 1 fUhe office of the chairperson, deputy chairperson or any member of the Commission shall fall vacant if he/she. a) Dies b) Resignsc) Removed from office as a result misbehavior or misconduct. d) Assumes another public office ¢) Inability to perform his/her duties a rising from infirmity of body or mind, impartiality, grave misconduct or incompetence. By inserting a new clause immediately after clause(4) the following new clauses; “(4A) Any question for the removal of a member of the Independent Electoral Commission under clause (4) (c) shall be referred to a tribunal appointed by the Judicial service Commission and the Judicial Service Commission shall remove the member if the tribunal recommends that the member should be removed on any of the grounds specified in clause (4)(c) of this article. (4B) Where the question for removal of a member involves an allegation that the member of the Independent Electoral Commission is incapable of performing the functions of his or her office arising from physical or mental incapacity, the Judicial Service Commission shall, on the advice of the head of the Health Services of Uganda, appoint a medical board which shall investigate the matter and report its findings to it with a copy to the tribunal, (4C) Where a tribunal is appointed by the Judicial Service Commission under clause (4B) of this article, the Judicial Service Commission shall suspend that member from performing the functions of his or her office. (4D) A suspension under clause (11) of this article shall cease to have effect if the tribunal advises the Judicial Service Commission that the member suspended should not be removed." u Asp Justification To provide for an elaborate and transparent manner of appointing and removal of members of the Independent Electoral Commission. 4, Amendment of Article 83 of the Constitution ‘The proposed amendment to Article 83 is as follows- (a) in clause (1), by substituting for paragraph (g) the following— “(g) if that person leaves the political party or political organization for which he or she stood as a candidate for election to Parliament to join another political party or political organization or to remain in Parliament as an independent member, or otherwise ceases to be a member of the political party or political organization for which he or she stood as a candidate for election to Parliament;” Current Constitutional Provision Article 83 (1) (g) is as follows- “if that person leaves the political party for which he or she stood as a candidate for election to Parliament to join another party or to remain in Parliament as an independent member;* Effect of the proposed amendment The proposed amendment requires that a Member of Parliament shall vacate his or her seat if that person leaves the political party or political organization for which he or she stood as a candidate for election to Parliament to- (a) join another political party or political organization, or (b) to remain in Parliament as an independent member, or(c) otherwise ceases to be a member of the political party or political organization for which he or she stood as a candidate for election to Parliament. Stakeholder’s proposals A number of stakeholders interfaced with by the Committee appreciated the spirit of the proposed amendment as being the need to promote party discipline and cohesion. However, they were mindful of Article 1(4) of the Constitution, which accords the people the right to determine who represents them in Parliament. The stakeholders were concerned that the proposal had the effect of promoting party dictatorship. A number of stakeholders were of the view that the matter is sub judice in view of Constitutional Appeal No 01 of 2014; Hon. ‘Theodore Sekikubo and 3 others Versus The Attorney General and 4 others where the matter is substantially in issue. Observations; The minority wish, with respect, to disagree with the majority members. The proposal is inconcongrous with and inimical to good democratic practice. The proposal for a Member to lose his seat upon expulsion from his party will defeat the essence of freedom of a member to debate and express himself/herself in fear of reprisal. This will defeat the core function of a Member of Parliament under Article 79 of the Constitution. The proposal is has the effect of taking away the privileges attached to the office of a member of Parliament to promote freedom of expression guaranteed under Article 29 of the Constitution. This freedom is so sacrosanct that its denial will gave the effect of weakening Parliament as an institution which is at the apex of propseting-democracy andfreedom of every citizen. The disciplinary process of parties cannot be extended to Parliament which is not an organ of the party. The party may exercise Disciplinary procedures within its organs but must not extend its tentacles to Parliament, as doing so would defeat the essence of parliamentary procedure. Further, it is our considered view, that loss of a Parliamentary seat by way of Party recalling a member is only in cases of proportional representation system where a member is on a party list. Finally, the proposal is discriminatory in so far as it targets only Members of Parliament leaving out other political offices. It should be noted that he same proposal was defeated in the 8% Parliament when brought by the then Attorney General Prof. Kiddu Makubuya in the year 2009 when members force him to withdraw it and he did Recommendation The minority propose to reject the proposal. Other proposals outside the Bill: 1, Amendment of Article 8A Substitute for Article 8A (2) the following- “Parliament shall make relevant laws for purposes of giving effect to clauses of this Constitution that require enabling legislation.” Justification ‘The constitution should include a provision that requires articles of Parliament to enact relevant laws envisaged under various articles of the constitution. ooObservation We observe that this is already provided for in the Constitution and calls for no amendment. Recommendation. We recommend that the proposal be dropped. 2, Amendment to Article 21 of the Constitution (Coalition to Stop Maternal Mortality in Uganda) Substitute for Article 21 (2) the following- “(2) The state shall not discriminate directly or indirectly against any person on any ground, inchiding race, sex, sexual orientation, pregnancy, marital status, health status, ethnic, or social origin, color, age, disability, conscience, belief, culture, dress, language or birth” Justification Discrimination from access to basic health care services has become an increasingly large issue in the Ugandan context. In the instances of patients who are HIV-positive, there have been cases where those patients are asked to access the services separately or come on different days, which enhances stigma and deters individuals from seeking proper medical care. Furthermore, youth who wish to access family planning are quite often asked to leave or are requested to come along with their partners. This also deters family planning services and infringes on the rights of individuals- mostly women- to be able to seek those services independently. Observation: We observe that this proposal adds no value to the provision which is sufficient in content and form. “SRecommendation: We recommend that the proposal be dropped. 3. Amendment to Article 27 (Family Life Network) (a) Article 27(2) of the Constitution is amended by inserting the word “unlawful” immediately after the phrase “subjected to” for the provision to read as follows- “No person shall be subjected to unlawful interference with the privacy of that person’s home, correspondence, communication or other property” (b) Article 27 be amended by inserting clause (3) immediately after clause (2) to read as follows; “Nothing shall be taken to be inconsistent with this Article which is prohibited under any provision of this Constitution or other law.” Justification Family life network proposed justified it as follows- Article 27 (2) is open to abuse since it prohibits, without giving any exemptions, the inference by a person in the privacy of one’s home, correspondence, communication or property. Article 27 (3) is intended to prohibit persons who wish to promote prohibited acts or behavior from claiming that such behavior or acts amount to a right to privacy under Article 27. Observation: Article 27 makes sufficient provision and any addition is idle. Recommendation; & ‘We recommend that the proposal be dropped. JO | or AssAmendment to Article 28 Substitute for Article 28 (3) the following- “() Where the interests of justice so require, all persons shall be entitled to legal representation at the expense of the state in civil and criminal proceedings” Observation: ‘The proposal makes an unreasonable and unpredictable cost and burden to the state yet there is provision for pauper suits within the Civil Procedure Rules. Recommendation: We recommend that the proposal be dropped. 2. Amendment to Article 31 of the Constitution. Article 31 of the Constitution is amended- (a) By inserting the words “and sexual relationships” immediately after the word “marriage” to read as follows: “Marriage and sexual relationships between persons of the same sex ate prohibited” Justification Article 31(2) (a) doesn’t fully address the problem of anti-family sexual practices, leaving a huge constitutional lacuna that creates absurdities and loopholes. For instance, whereas Article 31(2) (a) prohibits “marriage between persons of the same sex,” it is silent about practices of same sex relationships such as homosexuality, lesbianism, bi sexuality, trans-sexuality, etc. therefore, the amendment is intended to prohibit same sex marriages and sexual relations. (b) By inserting immediately after clause (5) a new clause (6) as ‘yo follows- # ha ees“(6) Parliament shall make laws for purpose of giving full effect to this Article.” Justification To require Parliament to enact laws prohibiting same sex marriages and relations. Observation; We observe that there are sufficient laws governing sexual relations. Further, that there is no need for addressing sexual relations in the Constitution, as the same are not Constitutional. Recommendation We recommend that the proposal be dropped. 4, Amendment to Article 31 of the Constitution Article 31 of the constitution is amended by inserting immediately after paragraph (1) the following; “(2) Females and males shall have equal rights to property in compliance with article 21(1) of the Constitutio: “(3) A man and woman in a marriage shall be entitled to equal ownership, usage and disposal of property acquired during a marriage” Justification The proposal is in line with article 33 (5) of the Constitution. 5. Amendment of Article 33 of the Constitution Article 33 of the Constitution is amended by substituting for article 33 (3) the following; “(3) Women shail have the right to- (a) Control their fertility; 18 i "(b) Decide whether to have children, the number of children and the spacing of children; () Choose any method of contraception; (q) Self protection and to be protected against sexually transmitted infections, including HIV/ AIDS; (¢) Be informed of one’s health status, particularly if infected with sexually transmitted infections, including HIV/AIDS, in accordance with internationally recognized standards and best practices; (), Have family planning education; (4) The state shall take all appropriate measures to; (a) Provide adequate, affordable and accessible health services including information, education and communication programmes to women especially those in rural areas; (b) Establish and strengthen existing pre-natal, delivery and post natal health and nutritional service for women during pregnancy and while they are breast feeding; (c) Protect the reproductive rights of women by authorizing medical abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the Member or the life of the mother or foetus. (d) to give full effect to the realization of the rights guaranteed under this Article, the state shall take legislative and other measures, including affirmative action programs and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination. justifications ganda has policies and guidelines in relation to reproductive health a rights of women but there is no constitutional legal framework to expound on the same. Aveo . teeJustification To require the state to enhance the status of women Observation: We observe that the provisions on equality of all under article 21 of the constitution if fully understood add implemented are sufficient. Recommendation We recommend the dropping of the proposal. 6. Insertion of article 39A (coalition to stop maternal mortality in Uganda) The constitution is amended by inserting a new clause 39A immediately after article 39 to read as follows “394A, Right to Health 1. Every Ugandan citizen shall be entitled to the right- (a) To the highest attainable standard if health, which includes the right to health care services, including sexual and reproductive health care: (b) To accessible and adequate housing, and to reasonable standards sanitation; (c) To be free from hunger, and to have adequate food of acceptable standards; (d) To clean and safe water in adequate quantities; (¢) To health education /information; (9 Accessible and quality preventive, curative and palliative medical treatment; (g) Good standards of health care, physical a1 ital, and 20(h) To social security. (2) A person shall not be denied emergency medical treatment in any health care institution. (3) The state shall provide appropriate social security to persons who are unable to support themselves and their dependants. (4) Every person living shall have access to basic health care services for the illness. (6) The state must take reasonable legislation and other measures within its available resources to achieve progressive realization o these rights. Justification Health is a fundamental aspect of life and social wellbeing of a person. It is thus important that the state places emphasis in realizing it as a legal right that can progressively be realized because: 1. Uganda has put in place several policies, plans and strategies to fulfill their obligation to realize the right to health but no constitutional, 2. Includes the right to health as a constitutional right provides a bench mark for government, private sector and socicty to respect, protect, fulfill and promote that right. In many countries in east and southern Africa there is advocacy and debate on inclusion in the constitution of the right to health. 3. Kenya, South Africa, Madagascar and Zimbabwe have already included it in their constitutions. 4. Uganda has signed and ratified international human rights instruments that provide for the right to health. Observation: _ We observe that the country has made inroads in the provision of ervices proposed. We further observe that the country may not afford the services needed by all her citizens. Oo ayRecommendation: We recommend that the proposal be dropped. 7. Amendment of Article 43 of the Constitution Article 43 of the Constitution is amended by substituting for clause (3) the following- “International human rights instruments and other human rights commitments made at the regional and sub-regional level shall be applied by courts of law in Uganda” Justification To require courts of law to apply international human rights instruments in Uganda Observation: We observe that Article 45 of the constitution makes sufficient provision for the application of international Human Rights Instruments ratified. the proposal has the effect of applying instruments without ratification which has an elfect on the sovereignty of the sate the role of parliament in domesticating instruments. Recommendation: We recommend the proposal be dropped. 4. Insertion of Article 58A The Constitution is amended by inserting a new clause 58A as follows “S8A. National Legal Aid Commission (1) There is established a National Legal Aid Commission whose composition shall be prescribed by law, by Parliament. “ Wey i - AS(2) The National legal Commission shall be established within one year after coming into force of Constitution (amendment) Bill, 2015. 3) In conduct of its functions, the national legal aid commission shall be independent and not be subject to the direction of any person or authority but accountable to parliament. (The state shall adopt appropriate policies that promote cooperation with non state actors during the provision of supervision of free legal services. (5) Parliament shall make laws for the purpose of giving effect to this article. Observation: There are increasing levels of poverty rendering many citizens vulnerable. There is need to formulate a framework for the provision of free legal aid services to the needy. Recommendation: We recommend that the provision be adopted. 5. Insertion of Article 51A of the constitution Insert a new Article 51A to read as follows- “Membership of constitutional commissions (1). Members of constitutional commissions and other bodies shall be recruited through a process of open application and public scrutiny. (a) The judicial service commission shall publically advertise positions for all constitutional commissions and bodies and receive applications from qualified candidates. {b) Persons eligible to apply shall be of high moral character and proven integrity. Se a Ayer 7 i(c) The judicial service commission shall conduct interviews of applicants through public hearings in which members of the public may make representations. (a) Successful applicants shall be vetted by Parliament and upon approval by Parliament be submitted to the president for appointment. (e) the president shall appoint individuals selected by parliament from among names recommended by the judicial service commission within a month of receiving the names.” Justification To require that all constitutional commissions and bodies are appointed in an open and transparent manner and to ensure integrity of all persons appointed. Observation: We observe that there is need to have integrity and transparency in the appointment of people running the various commissions in the country. Recommendation We recommend that the proposal be adopted. 7. Amendment to Article 55 of the Constitution Article 55 of the Constitution is amended- (a) Substitute for clause (3) the following “The Chairperson and other members of the Electoral Commission shall be adequately remunerated commensurate with the responsibilities assigned and the trust this nation shall have bestowed upon them.” (b) Insert a new clause (3) immediately after clause (2) as follows 24 aS(3) After successful completion of their tenure; the Chairperson and other Electoral Commissioners shall be entitled to a clearly stipulated package as gratuity for good service rendered to this nation.” Observation The committee has already recommended the creation of the Salaries and Remuneration Commission which takes care of the proposal. Recommendation We recommend that the proposal be dropped. 8. Article 61 of the Constitution is amended: (a) by substituting for clause (2) the following; *(2) The independent electoral commission shall hold presidential, general, parliamentary and local government council clections within the first thirty days of the last one hundred and twenty days before the expiration of the term of the president” Justification To give the Commission more time to organise free and fair elections, 9. Amendment of Article 63 of the constitution; Article 63 of the Constitution is amended by substituting for clause (1) and (2) the following- 1) Uganda shall be divided into not more than one hundred (100) constituencies for the purpose of election of Members of Parliament. <# - 2) Each constituency shall be represented by a woman and man who shall be directly elected.Justification: To reduce the cost of public administration and increase efficiency through adequate training and remuneration of Members of Parliament. 6. Amendment of article 67 of the Constitution by substituting for clause (1) with the following- “(1) The Electoral Commission shall ensure that presidential and parliamentary elections are held on the second Monday of January of the year of general clections” Justification To achieve certainty of the date of clections for proper planning of all stakeholders in the Presidential and Parliamentary Elections. Observations: There is need for certainty of the date of the election. Recommendation: We recommend that the proposal be adopted. 7. Amendment to Article 71 of the Constitution Article 71 of the Constitution is amended by inserting a new paragraph (g) as follows: “Bvery Political party shall adhere to Article 32 and 33 of the Constitution in all its laws and regulations, guidelines, structures and operations in order to abide by constitutional provisions on affirmative action and gender equality”. Observation: We observe that compliance with provisions of the constitution is (> mandatory with or without any express provision in the same constitution. We further observe that Political Parties and 26zB ig Organisations Act should be the one to operationalize the constitution. Recommendation: The proposal should be dropped. Amendment of Article 71 of the constitution Article 71 is amended by substituting for clause 1 (c] the following- “The internal organization of a political party shall ensure gender balance and fair representation” Observation We observe that Article 33(4) of the constitution provides that “that women shall have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities’. Such provision is sufficient to cater for the interest of the women to that extent and there is no need for further operationalization of the Constitution by another article. Recommendation: We recommend that the proposal be dropped. 8. Amendment to Article 72 of the Constitution Article 72 is amended in- (a) Article 72 (3) by inserting the words “and political parties" at the end of the provision to read as follows; “Parliament shall by law regulate the financing and functioning of political organizations and political parties.” {b) By inserting immediate after paragraph (3) the following “(4) Political parties shall allocate 50 percent of their budgets to the women leagues and women activities of their respective parties.” : SesJustifications Since political parties receive public funding, it is important for the parties to use the criteria that enhance gender equality when allocating funds for candidates who need it most. By allocating money to the women league and women activities, women will be encouraged to participate in party activities. Observation: We observe that the issue is already catered for under the provisions of the PPOA thus there is no need for further constitutional provision. Recommendation: We recommend that the proposal be dropped. 9. Amendment of Article 78 of the Constitution {a) Persons living in the Diaspora Article 78 of the Constitution is amended in Article 78 (1) by inserting a new paragraph immediately after paragraph (d) as follows; {e). Fifty (50) representatives of persons living in and working in the Diaspora. Observation: We observe that there is no permanent constituency for people living in the diaspora. People in the diaspora will not be able to represent others when they are themselves not in the country. Recommendation: We recommend that the proposal be dropped. (b) Opposition 1.Amendment of article 78 of the Constitution | PEEArticle78 of the Constitution is amended in clause (1)- (a) In paragraph (c) by deleting the word “army”, (b) In clause (d) by substituting the following- “(d) The Majority Leader, Minority Leader, a representative of a political party or organization, independent candidate that participated in the preceding general election and obtained at least five percent of the total votes cast except the winning party. ©) Inserting a new paragraph after article 78(1)(d) the following clause (@) « () Ministers, who shall be ex-officio members of Parliament without a right to vote in Parliament” Justification: a) To remove the army from partisan politics; b) To enhance the principle of separation of powers; ©) The party representatives in Parliament are essential for purposes of national harmony, all-inclusiveness and consultations of national leadership. d) To ensure that representatives of interest groups have got a popular and full mandate of the groups they represent. Observation: We observe that there is need to separate the powers between the organs of the state. Recommendation: We recommend that the proposal be adopted. 29 }10. Amendment of article 79 of the Constitution (Opposition) Article 79 of the Constitution is amended by inserting immediately after clause (3), the following- “(4) In the performance of its functions, Parliament shall, notwithstanding any provision of this Constitution, be independent and shall not be subject to the direction or control of any person or authority. (5) All organs and agencies of the State shall accord Parliament such assistance as may be required to ensure the effectiveness of Parliament.” Justification: To guarantee the independence of Parliament in the exercise of its legislative mandate. Observation: ‘There is need to strengthen Parliament in express terms for efficiency. Recommendation: We recommend that the proposal be adopted. Proposal by Hon. Kafuda Boaz (b). Article 80 (1) is amended by substituting for paragraph (c), the following- “(c) has completed a minimum bachelors degree from a recognized University. Observation: We observe that government for the last Fifteen years embarked on a Universal Primary and Secondary education which increased the number of Graduates that can enhance the efficiency of Parliament. cy” We recommend that the proposal be adopted. "Be eeAmendment to Article 82 of the Constitution Substitute for Article 82 (2) the following “The Speaker and the deputy Speaker shall be elected from among their number and once elected; the Speaker and the deputy Speaker shall cease to be representative of his or her constituency” Justification Currently the Speaker and the deputy speaker are elected by members of Parliament from among their number and once elected remain as representatives of the constituency that elected them. ‘There is a view that they should relinquish their constituency seat so that they can focus on their roles as the heads of the legislature without the distraction of representing specific constituencies, and to avoid potential conflict of interest between the constituency interests and the national. Given the demands of the two leadership roles they may not have time to effectively carry out their representative roles as MP. They should also not participate in any political party activities or hold leadership positions for the duration of their term to avoid conflict of interest. Observation We observe that there is need for the speaker and deputy speaker to concentrate on the said roles to serve the country and National leaders. Recommendation: We recommend that the proposal be adopted. 3111. _ Insertion of a new article 82A (opposition) ‘The Constitution is amended by inserting immediately after article 82 the following- “82A Speaker's Panel (1) There shall be in Parliament a Speaker’s panel consisting of three assistant Speakers nominated by the Speaker from among the members of Parliament; one of whom shall be from the minority side of the house, with the approval of at least two-thirds of all members of Parliament. (2) A person shall not qualify for nomination as an assistant Speaker if he or she is an ex-officio Member of Parliament. (3) Parliament shall by law prescribe the following in respect of the assistant Speakers- (a) their status; (b) their role and functions; and {c) the benefits and privileges attached to this office.” Justification: To provide for the creation of the speaker's panel for easy delivery of services in parliament, smooth operations, advisory organ to the Speaker. Observation We observe that this is good practice that enables smooth running of Parliament especially in absence of the speaker and deputy. Recommendation We recommend that the proposal be adopted. eo See oe12, Amendment of article 82A of the Constitution (opposition) Article 82A of the Constitution is amended- (a) by renumbering article 82A as article 82B (b) In the head note by substituting the following- “82A.Minority leader” (c] in clause (1) by substituting for the words ‘leader of the Opposition” , the words, “Minority Leader” (d)in clause (2) by substituting for the words “leader of the Opposition” , the words, “Minority Leader” Justification (a) To enable the chronological flow of the provisions by inserting the Speaker's Panel just after the provision of the Speaker and Deputy Speaker (b) To change the “derogatory” title of Leader of the Opposition to Minority Leader Recommendation We recommend that the proposal be adopted. 13, Amendment of article 87 of the Constitution (opposition) Article 87 of the Constitution is amended by substituting for clause (1), the following- () “(1) There shall be a public officer qualified to be permanent secretary, designated Clerk to Parliament appointed by the President acting on the recommendation of the Parliamentary Commission and with the approval of Parliament.” Justification: , To enable Parliament participate in the appointment of the Clerk to k Parliament and enhance separation of powers. & : uy 33 ~Observation We observe that there is need for separation of powers between the executive and legislature. The clerk to parliament is a staff of parliament in whose appointment the commission needs to participate to ensure efficiency and independence. Recommendation We recommend that the proposal be adopted. 14, Amendment of article 94 of the Constitution. (opposition) Article 94 of the Constitution is amended by inserting immediately after clause (1) the following- “(1a) The Rules of Procedure made under clause (1) of this article shall have the force of Acts of Parliament” Justification The manner of enactment of the Rules of Procedure qualifies them to be principle legislation different from the ordinary rules. Observation There is need to clarify the status of the Rules of procedure of Parliament. There is need to clarify that parliament makes only principal legislation and subsidiary legislation Recommendation We recommend that the proposal be adopted. 15. Amendment of article 98 of the Constitution (opposition) Article 98 of the Constitution is amended- “2 In clause (2) by substituting the words “Vice-President, the words “Deputy President” ' 34Justification: ‘There is a proposal to have a running mate for the President who shall be the Deputy President. Observation ‘There is need to strengthen the office of the vice president by changing it to deputy president who should be a running mate to the president Recommendation We recommend that the proposal be adopted. 16. Amendment of article 99 of the Constitution (opposition) Article 99 of the Constitution is amended- (a)In clause (5) by inserting the words ‘deputy President” immediately after the words “signature of” in line three of the clause. (b) Insert immediately after clause (5), the following “Parliament shall make a law to regulate the exercise of the Authority of the President under this article” Justification 1. Consequential amendment; 2. To mandate Parliament to by law regulate the exercise of Presidential authority. Observation ‘There is need for consistency as above. Recommendation We recommend that the proposal be adopted x - ot |Amendment of Article 100 of the Constitution Article 100 of the Constitution is amended- By substituting for the words, “Vice-President”, the words “Deputy- President” Justification: Consequential amendment. 17. Amendment of article 103 of the Constitution (Opposition) Article 103 of the Constitution is amended in clause (2) by inserting immediately after paragraph (b), the following- “(c) Notwithstanding paragraph (a), a person applying for nomination as a Presidential candidate under this article shall at the time of nomination submit to the electoral Commission a name of a person qualified to be elected President who shall be the running mate and Deputy President” Justification To secure a Deputy President who has full mandate with a deputy president. Observation As indicated above Recommendation We recommend that the proposal be adopted 18. Amendment of article 104 of the Constitution (a)Article 104 of the Constitution is amended- (@) In clause (1) by inserting the words ‘political party or organization or voter” after the words “aggrieved candidate” © Bq . Se(b) Article 104 of the Constitution is amended by substituting for clauses (2) and (3) the following- “(2) A petition under clause (1) of this article shall be lodged in the Supreme Court registry within thirty days after the declaration of the election results (3) The Supreme Court shall inquire into and determine the petition expeditiously and shall declare its findings not later than forty-five days from the date the petition is filed.” (b) In clause (2) by substituting for the words “ten days”, the words “twenty one days” (c) In clause (3) by substituting for the words “thirty days”, the words “forty five days” Justifications: 1) To allow an aggrieved political party or organization and a voter to petition the Supreme Court. 2) To allow a petitioner reasonable time to collect evidence in support of the petition. 3) To give the Supreme Court reasonable time to consider the Presidential election petition. 19. Amendment of article 105(2) of the Constitution Article 105 of the Constitution is amended in clause (2) by substituting the following; {2) A person shall not be elected under this Constitution to hold office of the President for more than two terms as prescribed by this article. Justification To reinstate the term limits of the office of the President for good governance, peace and tranquility.Observation We observe that there is need to reinstate term limits in order to nurture democracy. Recommendation We recommend that the proposal be adopted. 20. Article 108 of the Constitution is amended by substituting for article 108, the following- “108. Deputy President. (1) There shall be a Deputy President of Uganda. (2) The Deputy President shall- (a) deputise for the President; {b) Assume office of the President upon the death or resignation of the President; (c) Nominate to parliament a new Deputy President upon assuming office as the President, (A) perform such other functions as may be assigned to him or her by the President or as may be conferred on him or her by an Act of Parliament; (3) the qualifications prescribed for the President by article 102 of this Constitution shall apply to the Deputy President. (4) The term of office of Deputy President shall run from the date of swearing in of the Deputy President and shall end- (a) When the President's term of office expires unless the office is vacated in accordance with this Constitution; or (b) On resignation, death or removal from office of the Deputy President. (5) Article 107 of the Constitution on the removal of the President shall with the necessary modifications apply to the Deputy X& President. 38(6) Article 106 of the Constitution on terms and conditions of service of the President shall, with the necessary modifications apply to the Deputy President. (7) Where the office of the Deputy President becomes vacant, the President shall with the approval of at least two-thirds of all the members of Parliament and as soon as possible but in any case not later than fourteen days appoint a person qualified to hold the office of Deputy President. (8) The Deputy President shall before commencing to perform the functions of the Deputy President, take and subscribe the oath of allegiance and the oath of Deputy President specified in the fourth Schedule to this Constitution. Justifications: (a) To guarantee that a person who deputizes a President has full mandate of the people. (b) To provide for the Deputy President (c) To provide for the removal of the Deputy President (4) To provide for the terms and conditions of service of the deputy president. ObservationWe observe that there is need to provide for and strengthen the office of the deputy president as proposed herein. Recommendation We recommend that the proposal be adopted. 20. Amendment to article 108A of the Constitution (opposition) (article 108A of the Constitution is amended by a) substituting the head note the words ‘Prime Minister’ with words “ Majority Leader” : i Jeb} In clause (1) by substituting the following- “(1) there shall be a majority leader in Parliament who shall be appointed by the President from among members of Parliament or persons qualified to be elected members of Parliament. ©) In clause (2) by substituting the following- ‘The Majority Leader shall i) _be the Leader of Government Business in Parliament and be responsible for the coordination and implementation of Government policies across Ministries, ii) perform such other functions as may be assigned to him or her by the President, d) by deleting clause (3) e) by substituting for clause (4) the following, The office of the Majority leader shall become vacant if- i. _ the appointment is revoked by the President. ii, The incumbent resigns or dies, iii, The incumbent becomes disqualified to be a Member of Parliament. iv. ‘The majority party ceases to have the numerical strength in Parliament. v. Censured by Parliament. vi. Serving a custodial sentence of more than six months by a court of competent jurisdiction. f)_ by substituting for clause (5) the following the words “Prime Minister” wherever such words appear with the words “Majority Leader” g) by deleting clause (6) 40Justification: To stream line the Office of the Majority Leader in parliament and avoid duplication of roles and duties arising from the existence of the Office of the President, Deputy President, Leader of Government Business. Observation ‘We observe that there is duplication of roles thus he need to clarify and streamline positions and roles. Recommendation We recommend that the proposal be adopted 21. Amendment of article 111 of the Constitution (Opposition) Article 111 of the Constitution is amended- (a) In clause 1, by substituting the following- “(1) There shall be a cabinet which shall consist of the President, Deputy President and such a number of Ministers of Cabinet not being more than twenty-one, (2) By inserting a new clause (1a) to read as follows: “(1a) The members of cabinet referred to in clause (1), shall be appointed by the President from persons who are qualified to be Members of Parliament but are not elected members of Parliament.” Justification: ‘To cut down the cost of public administration Observation We observe that the cost of public administration is high and needs to be reduced and improve efficiency. 4LRecommendation We recommend that the proposal be adopted. 22. Amendment of article 112 of the Constitution Article 11 of the Constitution is amended by substituting for the word “vice President” the word “Deputy President” Justification: Consequential amendment Recommendation We recommend that the proposal be adopted 23. Amendment of article 113 of the Constitution (opposition) Article 113 of the Constitution is amended- a) In clause (1) by deleting the words “ among members of Parliament or” b) In clause (2) by deleting the words “except with the approval of Parliament” Justification: To enhance the principle of separation of powers Observation We observe that there is need to enhance the doctrine separation of powers __, Recommendation % We recommend that the proposal be adopted e24, Amendment of article 119 of the Constitution Article 119 of the Constitution is amended- (a) In clause (1) by substituting the following- “(1) There shall be an Attorney General who shall be, of a person qualified to be a High Court Judge, appointed by the President on the recommendation of the Judicial Service Commission. (b) By inserting a new clause (3a) immediately after clause (3) to read as follows- “(8a) The Attorney General shall be appointed for a non- renewable term of seven years” o) By inserting a new clause (3b) immediately after clause (3) to read as follows- The Attorney General shall have the same terms and conditions of service as those of a High Court Judge. Justification: To enhance the professional and balanced an Attorney General and to avoid having subjective opinion. 25.Amendment of article 119A of the Constitution Article 119A of the Constitution is amended- (a) In clause (1) by substituting the following- “(1) There shall be a Deputy Attorney General who shalll be, of a person qualified to be a high Court Judge, appointed by the President on the recommendation of the Judicial Service up Commission. (b) By inserting a new clause (3a) immediately after clause (3) to read as follows- “(8a) The Deputy Attorney General shall be appointed for a non- renewable term of seven years” ecd@) By inserting a new clause (3b) immediately after clause (3) to read as follows- The Deputy Attormey General shall have the same terms and conditions of service as Attorney General. Justification: To enhance the professional and balanced an Attorney General and to avoid having subjective opinion. 26. Amendment of article 120 of the Constitution Article 120 of the Constitution is amended- (a) by deleting clause (3}(c) (b) by substituting for clause (3)(d) the following- “3\(d) To discontinue at any stage before judgment is delivered any criminal proceedings to which this article relates.” (c) In clause (4)(a) by- () inserting immediately after the words “clause (3)(a)”, the word “and” (i) deleting the words “and (c)” immediately after the word “wy (d) by inserting a new clause (8) immediately after clause (7) to read as follows- “(8) Parliament shall make a law to govern the administration of the Directorate of Public Prosecutions.” _ Justification: Ke To enhance the power of private individuals to carryout private prosecutions without the interference of the DPP. (b)To ensure that the governance of the Directorate of Public Prosecutions is guided by law. so 44Observation We observe that there is need to streamline the operations of the office of Director of Public Prosecutions to make it more professional and balanced. Recommendation We recommend that the proposal be adopted. 27, Amendment of article 121 of the Constitution Article 121 of the Constitution is amended by inserting a new clause (7) to read as follows- “(7) Parliament shall make a law to regulate the exercise of the power of prerogative of mercy under this article.” Justification: ‘To provide for a law to guide the proper exercise of the prerogative of mercy by the President Observation There is need to streamline the exercise of the prerogative of mercy Recommendation We recommend that the proposal be adopted 28. Amendment of article 130 of the Constitution Article 130 of the Constitution is amended- “7 (a) In paragraph (a), by deleting the word “and”; (b) By inserting a new paragraph (aa) immediately after paragraph (a) to read as follows- “(aa) Deputy Chief Justice.” i 45Justification: To avoid instances where the decisions of the Deputy Chief Justice in the court of Appeal are revised by the Justices of the Supreme Court who are subordinate to the Deputy Chief Justice Observation ‘There is need t protect the honour and seniority of the office of Deputy Chief Justice Recommendation We recommend that the proposal be adopted 29. Amendment of article 131 of the Constitution Article 131 of the Constitution is amended in clause 3 by substituting for the words “most senior member of the court as constituted”, the words “Deputy Chief Justice.” Justification: Consequential amendment of article 130 Recommendation We recommend that the proposal be adopted 30. Amendment of Article 134 of the Constitution Article 134 of the Constitution is amended- (a) In clause (1) by substituting for paragraph (a) the following- “(a) Chairman of Court of Appeal _Kiustification: Consequential amendment. Recommendation We recommend that the proposal be adopted31, Amendment of Article 135 of the Constitution Article 135 of the Constitution is amended- (a) In clause (2), by substituting for the words “Deputy Chief Justice” appearing in line 1 and 2, the words “Chairman of Court of Appeal” (b) In clause (3), by substituting for the words “Deputy Chief Justice” the words “Chairman of Court of Appeal” Justificatios Consequential amendment. Observation There is need for consistency Recommendation We recommend that the proposal be adopted 32, Amendment of Article 136 of the Constitution Article 136 of the Constitution is amended a) by deleting clause (1)(b) Justification: Consequential amendment Recommendation That the proposal be adopted A m4 b) in clause (2) substituting the words after paragraph (c) ae ‘then, until a person has been appointed to and has assumed the functions of the office of the deputy chief justice, those functions shall be performed by a justice of the Supreme Court or justice of a ee33. Appeal designated by the President, after consultation with the Chief Justice or the acting Chief justice, as the case may be” with words ‘then, until a person has been appointed to and has assumed the {functions of the office of the deputy chief justice, those functions shall be performed by a most senior justice of the Supreme Court’ Justification: ‘The Coram of court and its seating is based on seniority thus the most senior person in the absence of the Deputy Chief Justice is the appropriate person to act as the Chief Justice. Recommendation We propose that the proposal be adopted Amendment to article 144 Article 144 of the constitution is amended in clause (7) by inserting immediately after the words “high court” the following- “Magistrates and registrars” Observation There is need to include all judicial officers in accordance with the law Recommendation That the proposal be adopted # 34, Amendment to Article 146 of the Constitution Substitute for Article 146 with the following- “146. Judicial service commission J) There shall be a Judicial Service Commpiset I 48 _—2) The Judicial Service Commission shall, subject to clause (3) of this Article consist of the following persons who shall be appointed by the President, with the approval of Parliament- (a) A chair person and a deputy chairperson who shall be persons qualified to be appointed as justices of the Supreme Court other than the chief justice, the deputy chief justice and the principal judge from among persons nominated by the judiciary. {b) One person nominated by the public service commission: (c) Two advocates of not less than fifteen years standing nominated by the judiciary; (d) One judge of the supreme court nominated by the judiciary; (e) Two members of the public who shall not be lawyers and who shall be recruited by a newly appointed judicial service commission through a process of application and scrutiny. 35. Amendment to Article 147 of the Constitution Article 147 is amended by inserting a new paragraph immediately after paragraph (e) too read as follows: ‘Appoint the chairperson, deputy chairperson and Commissioners of the Independent Electoral Commission. (f) To appoint members of all constitutional commissions. Justification & Sis is a consequential amendment. Observation We observe that there is need to improve th 4936. constitutional commissions and the make the manner of appointment more transparent. Recommendation We recommend that the proposal be adopted. Amendment of Article 178 of the Constitution (1). Article 178 of the Constitution is amended — (a) By substituting for clause (3) the following- (3) subject to clause (1) and to the provisions of this Constitution, the districts of regions of Buganda, Bunyoro, Busoga, Acholi, Lango and Karamoja, specificied in the first schedule to this constitution, shall be deemed to have agreed to form a regional government for the purpose of this article.” (b) Insert immediate after paragraph (e) of clause (4) the following- () ‘Karamoja, Moroto Municipality” (2). Amendment to Article 178 Substitute for Article 178 of the Constitution for the following- “178. Federalism A federal system of government shall be created on the basis of the regions and districts shown under the first schedule of this Constitution” Justification No region or district has shown any endeavor to develop a regional tier of governance since July 2006. That means that the people need something beyond a regional tier perception which is a federal system of government. =Observation We observe that the provisions relating to local Government are entrenched and would require a more elaborate procedure, We also observe that the people of Uganda still maintain by majority that Federalism is more ideal for them. Recommendation We recommend that Government undertakes the procedure of amending the Constitution in accordance with its provisions to establish a Federal form of Local Government. 37. Amendment of Article 180 of the Constitution u Article 180 is amended by inserting a new clause (4) immediately after clause (8) to read as follows- “A person contesting for the position of district local councilor, Municipality Mayor or councilor, and local council III chairperson shall be a Uganda citizen with a minimum academic qualification of at least ordinary level.” Justification The mandate of local Government at district, Municipality and sub county levels requires that they possess a minimum level of education. The education creates the ability to comprehend plans, budgets, to make policies and generally enhances councilors to perform their mandate more effectively as stipulate in the Constitution. It is evident that councilors who can’t read and internalize documents presented to the council remain silent thereby denying their constituencies the right to representation. they also fall prey to the technical staff who exploit this inadequacy.| i } 1 | | i 38. Observation ‘There is need to improve the quality service delivery at the local Government level. This cannot be done without improving the level of the education for the local leaders. Recommendation We recommend that the proposal be adopted. Amendment of Article 260 of the Constitution Article 260 is amended in clause (1) by inserting immediately after paragraph (h) the following- “(g) Chapter Seven- article 105 (2), Articles 111, 119 and 119A” Observation There is need to entrench those provisions which are so core to democracy and strengthen the constitution. Recommendation We recommend that the proposal be adopted. 52COMMITTEE ON LEGAL AND PARLIAMENTARY AFFAIRS APPROVING THE MINORITY REPORT ON THE CONSTITUTION (AMENDMENT) BILL, 2015 NO | NAME CONSTITUENCY [PARTY | SIGNATURE 1. |Hon. Lubega Medard S. | Busiro East DP 1S 2. |Hon, Mutebi Joseph B. | Busiro South DP 3. |Hon. Katuntu Abdu Bugweri FDC 4. | Hon. Niwagaba Wilfred Ndorwa Bast 7 i 5. | Hon. Namayanja Florence | Bukoto East DP. (ez ~«) 6. | Hon. Mwira Paul Jinja Mun. East [FDC SAV 7. |Hon, Otada Sam Amooti_ | Kibanda IND. 53