Makerere University Professor tips Parliament to trim presidential powers in constitution amendment bill

By Francis Lubega

16^th Aug 2022

Makerere University Law Don, Prof Joe Oloka-Onyango has tipped Parliament to consider amending Articles 107 and 118 in the anticipated Constitution Amendment Bill to help check the excessive powers of the President.

Both Articles provide for the removal of the President on grounds of abuse of office or willful violation of the oath of allegiance, and passing a vote of censure against a Minister on the same grounds.

For the removal of the President and censorship of a Minister to succeed, the process is started by a notice in writing submitted to the Speaker, and the notice should be signed by not less than one-third of all the Members of Parliament.

It is against this background as a bill to amend the constitution regarding the qualifications of members of parliament and the president that Prof Oloka-Onyango advised that MPs should push for the amendment of the articles through the Constitutional Review Commission in order to check on the excessive powers of the President and address the impunity by appointed Ministers.

The Professor also pointed out that whereas Article 118 requires the President to take appropriate action against a censured Minister with respect to misconduct, and the Minister in question to resign for abuse of office, the provision has largely been abused and promoted corruption and impunity to the detriment of public resources.

Last week, the Tororo Woman District Representative Sarah Achieng Opendi, attempted to seek leave of Parliament to introduce the Constitution Amendment Bill, 2022 as a Private Member’s Bill.

But, the Speaker of Parliament Anita Among directed the proposal to the newly appointed Minister of Justice and Constitutional Affairs, Norbert Mao for comprehensive and consolidated appraisal once the Constitutional Review Commission has been instituted.