Kampala – City Lawyer , Jude Mbabaali has petitioned the Speaker of Parliament Hon Annet Anita Among challenging the process of extending the term of office the term of office of Local Councils Executive Committees I & II which had expired and on the 25 day of July 2023 to six months.
In his petition dated 7th August 2023 , Mbabaali noted that ” By amending the Local Governments Act, the Minister was exercising part of Pariament’s primary law-making power, something expressly prohibited by section 79(1) the Constitution. Articles 79(1) and 111(2) clearly stipulate the different roles assigned to each of the two organs (Parliament and Cabinet)”
He has went ahead and stated that the enactment of the said Statutory Instrument by the Minister also violated articles 1(1), and (4), 2(1) and (2) of the Constiution which emphasize supremacy of the constitution and governance by only those elected through regular elections.
“The essence of our argument is that, a Minister cannot by statutory instrument lawfully amend an Act of Parliament, even when the Act of Parliament specifically authorizes the Minister to do so.” Mbabaali said
He therefore prays that in order to remedy the situation, the said unconstitutional Statutory Instrument be set aside by parliament and the right steps be taken which may include amendment of the Local Government Act by Parliament itself or Parliament puting pressure on the executive to release the money to the Independent Electoral Commission to conduct fresh elcctions for Local Councils.
This letter has been copied to The Attorney General of the Republic of Uganda and the Leader of opposition of Parliament in Uganda.