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Museveni asked to fire 9 ministers

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ByaseL, Mar 7, 2011.

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    ByaseL JF-Expert Member

    Mar 7, 2011
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    The Attorney General has advised President Museveni to choose between sacking the nine ministers who were affected by a landmark Constitutional Court ruling and forwarding their names to Parliament for fresh vetting. On March 2, Prof. Khiddu Makubuya wrote to President Museveni advising him to exercise his discretion as the appointing authority to determine the fate of the affected ministers.

    Article 116
    In his legal opinion, Prof. Makubuya also made it clear that the affected ministers should vacate Cabinet and the stewardship of ministries previously under them be allocated to those still in the cabinet as additional duties.

    Prof. Makubuya reasoned that the affected ministers, who were suspended by Prime Minister, Prof. Apolo Nsibambi, on February 28 pending a legal opinion from the Attorney General, ceased to be part of President Museveni’s cabinet the moment they were disqualified as Members of Parliament.

    Quoting Article 116 of the Constitution, Prof Makubuya said ministers who lost their seats after the February 1 Constitutional Court ruling were appointed on the basis that they were MPs and that when they are disqualified as MPs, their appointment as ministers is automatically revoked. “The affected ministers have ceased to be ministers by virtue of ceasing to be Members of Parliament by operation of the Constitution and the correct interpretation put to it by the Constitutional Court which was confirmed by the Supreme Court,” reads the seven-page opinion.

    The AG’s counsel on the matter comes after Prof. Nsibambi, on February 28 wrote to the affected ministers suspending them from carrying out any official functions until their fate is determined by the government legal adviser. It emerged yesterday that Prof Nsibambi also barred the affected ministers from attending cabinet meetings until further notice.

    The AG, whose legal counsel to President was sought by the Secretary to Cabinet/ Head of Civil Service, Mr John Mitala and Prof Nsibambi on February 21, seeks among others to implement the Constitutional Court ruling on “political indiscipline”.

    Five judges of the Constitutional Court unanimously ruled that by seeking for re-election on party tickets other than those on which MPs and ministers were elected to 8th Parliament, they were deemed to have lost their seats.

    “It would be a betrayal of the people who elected you and an exhibition of the highest form of political hypocrisy and opportunism. It is also an exhibition of political indiscipline and abuse of peoples’ sovereignty,” the judges ruled.

    After Mr Mitala on February 21 sought advise from the AG on the fate of the ministers, Prof Nsibambi on the same day also wrote to the AG asking that he urgently advises the President on whether the same matter. It is in that reply that the AG nearly ends the political careers of the ministers, especially if the President chooses to drop them.

    The affected ministers are Daniel Omara Atubo (Lands), Isaac Musumba (Regional Cooperation), Jenipher Namuyangu (Water), Nsaba Buturo (Ethics), Asuman Kiyingi (lands), Simon Ejua (transport), Henry Bagiire (Agriculture), Urban Tibanya (Urban development) and Fred Mukisa (Fisheries).