Deputy Speaker of Parliament Anita Among on Tuesday informed the House that President Yoweri Museveni refused to assent to the Sexual Offences and Succession bills saying the two bills had repetitions that are already provided for in other legislations.
In a letter dated 3rd August addressed to Speaker of Parliament Jacob Oulanyah, President Museveni said that the Sexual Offences Bill needs to be reviewed to address the redundancies and repetitions in it.
The Sexual Offences Bill was tabled by former Kumi Woman MP Monica Amoding in 2015 and was before the Committee on Legal and Parliamentary Affairs, which presented a report four years later on Wednesday, 13 February 2019.
Its aim was to come up with specific law on sexual offences that criminalizes unwelcome touch, patting, pinching or any other unsolicited physical contact and sexual comments.
The Bill also seeks to enhance punishment of sexual offenders; provide for the protection of victims during sexual offences trials; provide for extraterritorial application of the law and to repeal some provisions of the Penal Code Act.
On Monday, May 3, 2021, the 10th Parliament passed the Bill and it was sent to President Museveni to assent to it.
However, using the power given to him under Article 19 of the Constitution, Museveni declined to append his signature on the Bill and sent it back citing a lot of queries about it or particulars in it as it was passed by the Parliament.
In his letter, President Museveni said; “I have received the Sexual Offences Bill 2021 for assent. However, the Bill needs to be reviewed because there are several provisions of Act that are already provided for in the legislation i.e. Section 2, 3, 5,6,7,9,10,12,13, 14,15,16,17,18,19,20 and 22. All the above offences are already provided for in the Penal Code Act Chapter 8 on the offences against morality.”
” I have been informed that Uganda Law Reform Commission had earlier carried out a comprehensive review on all criminal-related laws i.e the Penal Code Act, Magistrates Court Act, the Trial and Indictment Act |and] Evidence Act. Their proposed amendments were presented by the Minister of Justice and Constitutional Affairs to the Legal and Parliamentary Committee of Parliament but were never considered. Instead of carrying out piecemeal amendments, the commission should be given, an opportunity to review all the criminal laws and propose comprehensive amendment of relevant laws for consideration of Parliament.”
On the Succession Bill, he also refused to assent to it on grounds that the bill as it was passed will cause a lot of trouble in families. In the bill, clause 14(c) talks about sharing property where a wife to deceased was given 80 percent, children 20 percent while the heir 1 percent.
However, President Museveni commented that the way the bill shares the wealth of the deceased will bring chaos to families.
“The above amendment will not only be unfair to dependent relatives but it will also create disharmony between the surviving spouse and the deceased’s relatives,” reads the letter. Adding that wife must be given 50 percent, children 47 percent and heir 1 percent.
As a way forward, Among referred the two Bills to the Legal and Parliamentary Affairs Committee for reconsideration before a final decision is taken.
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