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HON SPEAKER OF PARLIAMENT TO RETAIN IN PARLIMANT THE FOUR (4) MPS WHO CEASED TO BE MEMBERS OF NRM Following the Rt. Hon. Speakers Ruling made on 2 nd May 2013, in response to the NRM Secretary Generals notification to her of the partys decision taken on the four Members of Parliament as a result of their conduct, namely, Hon. Tinkasimire Barnabas, Hon Theodore Ssekikubo, Hon. Mohammed Nsereko and Hon Wilfred Niwagaba, Members of Parliament for Buyaga West, Lwemiyaga County, Ndorwa West and Kampala Central respectively; asking her to notify the Clerk to Parliament, that their positions had fallen vacant, and her subsequent refusal to honor the request, the NRM responds to her ruling as follows;
The NRM takes exception to the Rt. Hon. Speakers ruling to retain in Parliament the four MPs who ceased to be its members, and on whose ticket they were elected to Parliament. 1) The Rt. Hon Speakers decision was selective, and ignored to read and apply the
convenient
provisions of the Constitution holistically and fell short of taking cognizance of Article 1 (2) which empowers the people of Uganda to choose how they shall be governed. 2) The people of Uganda, the Multi during Party the 2005 of
Referendum
adopted
system
governance as the political framework under which Parliament operates. 3) Art. 78 of the Constitution supported by the
Parliamentary Elections Act, the Administration of Parliaments Act and the Rules of Procedure of Parliament arrangement of Uganda, in provide for the on sitting parties, Parliament based
decision of the speaker to retain in Parliament the four MPs, creates another group in Parliament that is legally strange. 4) In taking her decision, the Rt. Hon. Speaker should
have taken consideration of the entire constitutional provisions so as to give Article 83 (1) (g) of the Constitution its rightful meaning. Having failed to do so, she limited the operation and parties in the Multi Party system development dispensation, of
5)
NRM, ipso facto, and as such ceased to be Members of Parliament. This is so because, there are four sides of representation in Parliament; namely, Government (NRM), the opposition, independents and for UPDF.
6)
the (4) four Members of Parliament, in front of the Speakers desk, she effectively recognizes the fact that they ceased to belong and represent NRM in
Parliament which defeats her earlier interpretation of Article 83 (1)(g) of the Constitution.
7)
the Speaker to have purported to create another category of representation in Parliament outside those provided for in the law and this will be vigorously challenged.
8)
It is also worth noting that the Speaker is the 2 nd Executive Committee (CEC), and having
National Vice Chairperson of the NRM, member of Central attended and actively participated in the unanimous decision regarding the status of the four named herself MPs in the Central Executive Committee (CEC) of NRM, it would have been prudent to disqualify Parliament. from presiding over the same subject matter in
9)
takes the firm position that the membership of the four MPs in its ranks ceased, and their continued stay in Parliament does not only offend the clear provisions of
4
the Constitution but also undermines the will of the People who exercised their power to decide on how to be governed.
10)
NRM as a political organization but sets a serious and dangerous precedent that undermines the spirit of Pluralism. Consequently, the NRM disagrees with her ruling, and has taken a firm decision to refer the matter to the Courts of law for adjudication. Hon. Ruhakana Rugunda Chairman NRM Electoral Commission************************