The government has dismissed Mityana South MP Richard Lumu’s proposal to allow the election of the Leader of the Opposition, instead calling for an amendment to the Administration of Parliament Act to mandate executive representation in Parliamentary Commission meetings when key decisions are made.
Speaking on behalf of the government Deputy Attorney General Jackson Kafuuzi in a written submission to the Legal and Parliamentary Affairs Committee, holds that electing the Leader of Opposition is a matter of party policy rather than law.
“Allowing other Opposition parties to elect the Leader of the Opposition would be a contradiction of the mandate given by the people,” Kafuuzi argued, adding that “the selection of the Leader of Opposition is determined by the internal procedures of the opposition party, which is more of a policy nature rather than a legal nature.”
Kafuuzi cited Article 1 of the Constitution, emphasizing that “all power… emanates from the people of Uganda, who exercise it through regular, free, and fair elections.” He pointed out that the public elects Members of Parliament according to numerical strength, with the ruling party ranked first, followed by “the Party with the greatest numerical strength in Opposition to the Government in Parliament.”
Lumu’s proposal to allow members of the Opposition to remove the Leader of the Opposition through a resolution was also rejected by the government. Kafuuzi stated that this approach would interfere with the authority given to the largest opposition party by the electorate, contending that “the process of removal by resolution of the members of the Opposition parties in Parliament is contrary to the will of the people who exercise their power through regular, free, and fair elections. The Leader of Opposition is appointed by election and should not be removed by resolution of Parliament.”
Further, Lumu’s suggestion to allocate an additional Parliamentary Commission seat to smaller opposition parties was denied, with Kafuuzi explaining that introducing a second opposition member among the four Commissioners would “distort the principle of numerical strength that lies with the largest party or the Government.” He added that the amendment “imposes a charge on the Consolidated Fund, which is contrary to Article 93(a) (ii) of the Constitution.”
Kafuuzi also stressed the importance of executive representation in the Parliamentary Commission, particularly by the Minister of Finance or Prime Minister, noting, “When the (Parliamentary) Commission sits and makes decisions, the Commission may make decisions that may require parliamentary approval in addition to having financial implications.”
He warned, “It is prudent for the quorum at any meeting of the Commission to be constituted with the membership of the executive, in particular the Leader of Government Business or the Ministry of Finance, in order not to offend Article 93 of the Constitution.”
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