East African Gazette
Kampala
The Speaker of Parliament Annita Among has turned down the request by the National Unit Platform (NUP) party seeking to replace the former Leader of Opposition (LOP) Mathias Mpuuga as the Commissioner of Parliament.
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“Your letter therefore, and desire of the National Unity Platform, has no basis or foundation in law. I can therefore not implement it,” Among replied to NUP in a letter dated March 26 2024.
This is in response to e NUP’S letter dated March 18 2024 requesting the Speaker to withdraw the nomination of MP Mpuuga and replace him with MP Francis Zaake.
Parliamentary Commissioners are elected by Parliament by virtue of section 2 of the Administration of Parliament, Cap 257 and rule 11 (4) of the Rules of Procedure of the Parliament of the Republic of Uganda.
Among explained that the role of parties under the law is limited to nominating candidates for election to the office of Commissioner of Parliament as stipulated in sub section 2 (2b).
The role of parties under the law is limited to nominating candidates for election to the office of Commissioner of Parliament as stipulated in sub section 2 (2b).
“It provides:(2b) Nomination of the candidates for election to the Commission of the four members of Parliament referred to in subsection (2) shall be made by the Government and opposition sides,” she added.
She further noted that once elected by Parliament, the commissioners so elected cease to serve individual party interests and serve Parliament as a whole, stressing that as such, they can only vacate the position or be removed therefrom in conformity with the law.
Section 4 of the Administration of Parliament Act is clear that a member of the Commission shall cease to hold office on vacating his or her seat in accordance with article 83 of the Constitution. Section 5 is unequivocal on the grounds upon which a commissioner can be removed. It provides:
“The removal of a commissioner a member of the commission, other than the Speaker and the Leader of Government Business, may be removed from office by Parliament for inability to perform the functions of his or her office arising from infirmity of body or mind, misbehaviour, misconduct or incompetence.” She said,
The above provision is reiterated in rule 110 (1) of the Rules of Procedure. Moreover, under rule 110(2) the process of removal of a commissioner is by a motion for a resolution for removal of a commissioner initiated by a notice in writing to the Clerk to Parliament signed by not less than one third of all the voting members of Parliament indicating their intention to remove the member.
This means that with the total voting members of Parliament being 529 the notice should be supported by not less than 177 members of Parliament. Your letter referred to above falls short of the requirements of rule 110 of the Rules of Procedure and accordingly, is incurably defective.
She explained that Mathias Mpuuga has neither vacated his seat as a member of Parliament in accordance with article 83 of the Constitution nor has he been, upon a motion moved in strict compliance with the rules of procedure.
If he is found guilty by Parliament for inability to perform the functions of his office arising from infirmity of body or mind, misbehaviour, misconduct or incompetence[ ., she noted.
The NUP parties lack the requisite legal mandate to recall a commissioner of Parliament once elected by Parliament.
She noted that her request would amount to fettering the authority vested in the House by the clear and unambiguous section 5 of the Administration of Parliament Act resulting in undesirable legal consequences in line with the decision of the Constitutional Court of Uganda.
She said this in reference in Fox Odoi-Oyelowo and James Akampumuza Versus Attorney General Constitutional Petition No. 8 of 2003.
He said all territorial commanders have been tasked to work with stakeholders and inspect all mines and quarries to ensure all safety measures are in place.
“Those deemed unfit for mining, should be closed until the right safeguards are put in place,” he added.