One of the petitioners in the age limit case currently ongoing at the Constitutional Court in Mbale town, Male Mabirizi, has asked court to strike out the law. Mabirizi says all proceedings relating to the Constitution Amendment Act, were invalid and that the Act should be struck out.
He bases his conclusion on a South African case in Ex parte President of the Republic of South Africa. Mabirizi faults the army on ejecting MPs from the Chamber, saying it was okay for the MPs to fight and throw chairs, as it is democratic practice to do so.
He says the Act should be nullified because due to the army’s presence in Parliament, “MPs could not freely and independently deliberate in a blood stained Chambers”. Mabirizi believes President Yoweri Museveni did not signify his assent to the Constitution Amendment Bill with reasonableness, honesty and good faith, and that the Act should therefore be nullified.
Lawyer Ladislaus Kiiza Rwakafuuzi says the enactment of the Constitution Amendment Act was legislation at gun point and that it was very clear that before the military entered Parliament, there was no violence.
Counsel Rwakafuuzi says court can as well avail itself of this opportunity to altogether declare the Public Order Management Act as unconstitutional as well, “for the avoidance of multiplicity of proceedings”.
According to Lawyer Nalukoola Luyimbazi, a certificate of compliance issued by Speaker Rebecca Kadaga only catered for four provisions in the amendment, and that court should, on that basis, declare the Act unconstitutional.
Counsel Erias Lukwago says what transpired in Parliament right from the introduction of the Constitution Amendment Act, Rules of Procedure were not observed but rather grossly compromised.
Lukwago says the manner in which the Constitution Amendment Act was introduced, was worse than that of the infamous 1966 pigeon hole constitution.
The parliament session had been adjourned by the speaker so there was no need to violently evict the honourable members from the house, he told court.
Lukwago believes parliament transgressed the rules and procedures of the house in passing the Age Limit Bill.
He wishes that the bill be trashed because it was fraudulently passed.
But Ms Christine Kaahwa, the Acting Director Civil Litigation, says Article 260(2) was not amended as it doesn’t appear in the Constitution Amendment Act…the record is clear on those pages of the Hansard.
Deputy Attorney General Mwesigwa Rukutana says whereas the record reflects that a motion by Hon Nandala Mafabi [FDC secretary general] to entrench term limits under article 260 is work in progress as it awaits a required referendum.
Rukutana says the amendment to remove age limits was a result of wide consultations with the people of Uganda, and the decision by their representatives reflect their sovereign will.
Principal State Attorney Henry Oluka supports the lifting of age limits for presidential candidates, saying it is meant to create a levelled ground for all citizens.
Justice Kenneth Kakuru, however, agreed there is restriction on age because any one less than 18 years of age can’t drive, vote or even have sex.
“The opposition have been praying to God, that a law defeats a president whom they have failed to defeat at an election,” he noted.
