After nearly 40 days since it began its public hearings on the Constitutional amendment Bill to remove the Presidential age limit, Parliament’s Legal and Affairs Committee presented its report to the sharply divided house. “Hon. Ssemujju and you other members, you are members of the Committee, you have a minority report, wait until the minority report comes then you can present your issues.”
Key in the majority report of Committee backed by 20 MPs and presented by Committee Chairperson Jackson Oboth Oboth, said that Article 102 (b) of the Constitution setting the lower and upper age limit for Presidential candidates was redundant, discriminatory and threatened the country’s democracy. The Committee said the lower age limit should, however, be set at 18 years. It also agreed to the proposal to expand the time within which Presidential, Local Government, and General Parliamentary elections were held from 90 days to 120 days. “The days of the election added up will enable other legal and procedural processes to take place before the expiry of the Presidential term.” Said, Jacob Oboth – Chairperson, Legal and Parliamentary Affairs.
The Committee also agreed with the proposal to extend the timelines with which an aggrieved candidate in a Presidential election could file an appeal from the current 10 days to 14 days. It also recommended that the expansion of the time within which the elections were held after the nullification of the Presidential election to 45 days. “And cannot be extended except through the amendment of the Constitution. The Committee observed that after Presidential elections, the Constitution allows certain processes to take place. These processes which must be completed before the expiry of the Presidential term include; - counting and declaring results, holding a re-run in case none of the candidates obtained the highest number of votes, challenging a Presidential election, sought determination of a petition challenging a Presidential election and holding fresh Presidential elections in case Court nullifies the Presidential election.” Said, Chairperson, Legal and Parliamentary Affairs.
Also was recommended for the reinstatement and entrenchment of the Presidential term limits effective 2021 on grounds that it prevents arbitrary and violent rule often associated with lifelong Presidencies from recurring. “A person shall not be elected under this Constitution to hold office as recent for more than two terms as prescribed by this Article.” However, eight members of the Committee presented dissenting views before the house.
The minority report presented by Kumi Woman MP Monica Amoding argued that removing the Presidential age limit set the country on the path of monarchy and was based on wrong assumptions. “It is our view therefore that the proposal to amend Article 102 (b) of the Constitution only seeks to promote a life presidency as well as negate modern practices of Constitutionalism.” Said, Monicah Amoding – Kumi Municipality MP. The minority report also argued that the certificate of financial implication accompanying the Bill fell short of the required details and the publication of the Bill just a day after it had been gazetted. “Rt. Hon. Speaker and members, there could be a sense of urgency but why are we hurrying that to the extent that we are even disabusing our own rules that we have in place.” Said, Theodore Ssekikubo – Lwemiyaga MP.
