High end law practitioners in Uganda have warned the Prime Minister Rt. Hon. Robinah Nabbanja against issuing orders which breach constitutional guidelines on execution of state duties.
This warning was in response to an order issued by Hon. Nabbanja yesterday, instructing RDCs to designate government health centers as ‘out of bounds’ for the Leader of Opposition in Parliament (LOP) Hon Mathias Mpuuga Nsamba, intended to foil his attempts to assess the state of service delivery in these hospitals.
Yesterday, PM Nabbanja led a high-level inter-ministerial delegation to Kawolo Hospital in Buikwe district to handle service delivery concerns following strikes by medics over unpaid salaries.
While there, she said that it is completely unacceptable for the LOP and his aides to keep misleading people by visiting health centers with ulterior motives, and advised him to only go there when he needs medical attention.
Nabbanja warned the LOP to abandon his ‘destabilizing’ activities, saying that the indiscipline exhibited through laying down tools by medics was due to the opposition leaders, who incited them. Nabbanja said opposition politicians should not be allowed at public health facilities, unless they are unwell and seeking medical treatment.
“All political activities at government health facilities in the country must end. I have already issued an order, I am the leader of government business, he will no longer have access to health centers, he should only visit these facilities when he needs urgent medical attention, but this tendency of going there to sabotage health care operations has stopped,” Nabbanja charged.
She castigated medics at Kawolo Hospital who took part in the seat down strike over unpaid salaries and warned them to stay away from such ‘destabilizing’ activities, but use them as the last option, after all avenues have been explored.
“Ring leaders of this clique, much as you have your grievances of unpaid salaries, you don’t take to industrial action because there is a correct procedure to follow, there are other avenues that can be explored, as opposed to demonstrations which were provoked by the arrival of those people from the opposition”
It is vital to note that Hon. Mpuuga has been on a campaign, traversing different parts of the country, visiting public projects and facilities like health centers, roads, markets, and government schools, to evaluate the state of service delivery for ordinary citizens.
Reacting to Nabbanja’s order, Mpuuga said there is no satisfied employee who resorts to industrial action, and advised her to work towards making sure that salaries for medics are paid on time.
“The Prime Minister would instead be working tirelessly to make sure that government releases money to pay medics, and other workers in public establishments like hospitals, I am actually advising her, I don’t need her permission before I talk to any citizens of this country, if she thinks she has authority to prevent me from speaking to Ugandans at any time I deem it necessary, whoever advised her, lied to her” Mpuuga responded.
Peter Walubili, the Managing Partner Kwesigabo Bamwine and Walubiri Advocates observed that the order passed by Hon. Nabbanja, banning the LOP’s access to public hospitals is in contravention of the law.
“The constitution stipulates that there should be an office for the Leader of Opposition in Parliament, who is free to move to all parts of the country inspecting how government projects are progressing, such that he files a report and presents it to Parliament, as a yardstick against which government operations are evaluated and assessed to see if they are in tandem with the law or the aspirations of the masses,” Walubili observed.
“When the Prime Minister issues an order, stopping him from inspecting public health centers, such an order shows contempt of the constitution and therefore violates the law.”
Relatedly, Pheona Wall Nabasa, the former President for Uganda Law Society warned that such ‘illegal’ orders like the one issued by the Prime Minister expose the nation to disrepute.
“It is against the law, for any person under any circumstances to order a public official let’s say the Prime Minister to refrain from some official duties, yet such a position bears instruments of authority, its very unfortunate to see that public officials are disagreeing in such a manner.”
Article 82 (a) of the 1995 Ugandan Constitution provides for the establishment of the Office of the Leader of Opposition, whose among other mandates is to evaluate government operations and how tax payer’s money is spent by government.
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