In a significant legal move, the Alliance for Finance Monitoring together with Walezi Wa Katiba Foundation and Magelah Peter Gwayaka have petitioned the Constitutional Court to revoke parliamentary seats held by City Women MPs and Municipalities.
The petitioners argue that the creation of Parliamentary Seats for City Women Members of Parliament and Municipalities’ Representations violates the provisions outlined in the current 1995 constitution.
Specifically, they point to Article 78(1)(c), which clearly mandates that Parliament should include one woman representative for every district. Therefore, by establishing separate seats for City Women MPs and Municipalities, they contend that the constitutional requirement for gender representation at the district level is being circumvented.
While speaking to the media in Kampala on Tuesday, Henry Nuguzi, Executive Director of the Alliance for Finance Monitoring, highlighted Article 257(f), which defines a district in Article 5 as those specified in the First Schedule and those established by law in accordance with the constitution. However, Nuguzi pointed out that Article 176 outlines the local government system, encompassing a district, town council, sub-county, and other administrative units such as a municipality.
He reiterated that Article 181(3) mandates the demarcation of electoral areas to ensure representation of town councils, sub-counties, municipalities, or their equivalents in the district council. However, Article 207 defines local government to encompass district councils, urban councils, sub-county councils, or any other unit designated by law to replace these entities.
He emphasized that cities and municipalities were established by the government under the provisions of Article 179 and Section 7(2a) of the Local Governments Act CAP.243 for the primary objectives of local government administration and service delivery, distinct from representation under Article 78.
“The Women Representatives for the cities are holding the seats in Parliament illegally and unconstitutionally firmly believe are inconsistent with, and in contravention of Articles 1, 8A, 78 (I) (B) of the Constitution. We are further aggrieved by the fact that Municipalities which are local government administrative units are constituencies with seats in the national Parliament and firmly believe this is inconsistent with, and in contravention of Articles 1,2,8A,59, 63, 176, 181 (3) and 2O7 of the Constitution,” he said.
He stated that Section 8(1) of the Parliamentary Elections Act, which amends Article 78(1)(b) by including “or city” to establish the parliamentary seat of City Woman Representative, is deemed unconstitutional. This amendment, not provided for in the constitution, is in violation of Articles 1, 28A, and 78(1)(b) of the Constitution.
Consequently, the presence of City Women Representatives in Parliament under the category of special interest group representation is unconstitutional and contradicts Articles 1, 28A, and 79(1)(b) of the Constitution. Moreover, the creation of parliamentary seats/vacancies for Members of Parliament representing Municipalities, entities not envisioned as part of Parliament’s composition, is inconsistent with and contravenes Articles 1, 28A, 59, 63, 176, 179, 181(3), and 207 of the Constitution.
That means that the creation of 20 more constituencies out of the Cities by Parliament and Electoral Commission in 2O2O more than 12 months after 23 March 2016 the day of the publication of the national population census is inconsistent and in contravention of Article 63(31(5)(7) of the Constitution.
“Therefore, as petitioners, we present this petition as aggrieved parties in defense of the constitution and constitutionalism, acting in the public interest. We humbly pray for this Honorable Court to grant our requested declarations and orders,” he added.
Among the deceleration and orders the petitioner seek the court to do include; That Section 8(1) of the Parliamentary Elections Act in as far as legislating Article 78(1) (b) by adding or city” thereby creating the parliamentary seat of City Woman Representative which is not provided for by the Constitution is unconstitutional as is inconsistent with and in contravention of Articles L, 2 BA, 78 (1)(B) of the Constitution.
Secondly, the occupation of Parliament by City Women Representatives under the category of special interest group representation is unconstitutional as is inconsistent with and in contravention of Articles 1, 8A, 78 (l)(Bf of the Constitution.
That the creation of parliamentary seat/vacancy of members of Parliament representing Municipalities which are local governments and are not envisaged as part of the composition of Parliament is inconsistent with and in contravention with Articles 1, 8A,59, 63, 176, 179,181(3) and. 2O7 of the Constitution.
They also want the court to declare that the creation of 20 more constituencies out of the Cities by Parliament and Electoral Commission in 2O2O more than 12 months after 23,a March 2016 the day of the publication of the national population census is inconsistent with and in contravention of Article 63(3)(5)(7) of the Constitution.
They are therefore seeking a court order for the City Woman Representatives to vacate their offices immediately, as the seat they occupy is nonexistent. Additionally, they request an order for Members of Parliament representing Municipalities to vacate their seats due to constitutional violations.
Similarly, they seek an order for Members of Parliament representing the 20 new Constituencies created out of the cities in 2020 to vacate their seats as they contravene the Constitution. Lastly, they seek an injunction prohibiting the Electoral Commission from conducting elections for City Woman Representatives, as this provision is not outlined in the Constitution.
Meanwhile, this legal challenge raises fundamental questions about the interpretation and application of constitutional provisions regarding parliamentary representation and gender equality.
If this petition is successful and the court grants their requests, several Municipalities created in 2015 will lose their representation in the August House. These include Nansana Municipality in Wakiso District, Kira Municipality in Wakiso District, Makindye-Ssabagabo Municipality in Wakiso District, Kisoro Municipality in Kisoro District, Mityana Municipality in Mityana District, Njeru Municipality in Buikwe District, Kitgum Municipality in Kitgum District, Ibanda Municipality in Ibanda District, Koboko Municipality in Koboko District, Mubende Municipality in Mubende District, Kumi Municipality in Kumi District, and Lugazi Municipality in Buikwe District.
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