KAMPALA -The Speaker of Parliament Rt. Hon Annet Anita Among , has declined to act as per National Unity Platform Party’s decision to recall their own Hon. Mathias Mpuuga Nsamba from Parliamentary Commission where they seconded his appointment.
Hon Mathias Mpuuga (Courtesy photo)
In her letter dated 25th March 2023, addressed to David Lewis Rubongoya , Secretary General of National Unity Platform (NUP), she confirmed receiving a letter from the party dated 18th March 2023, recalling Hon. Mpuuga and replacing him with Hon. Francis Zaake , but unfortunately it can be effected since its against the laws government the August House.
“Parties lack the requisite legal mandate to recall a commissioner of Parliament once elected by Parliament. To do as you request would amount to fettering the authority vested in the House by the clear and unambiguous section5 of the Administration of Parliament Act resulting in undesirable legal consequences in line with the decision of the Constitutional Court of Uganda in Fox Odoi-Oywelowo and James Akampumuza Versus Attorney General, Constitutional Petition No. 8 of 2003.” Reads part of the letter
The speaker also noted that once elected by Parliament, the commissioners so elected cease to serve individual party interests and serve Parliament as a whole. As such, they can only vacate the position or be removed therefrom in conformity with the law.
“Section 4 of the Administration of Parliament Act is clear that a member of the Commission shall cease to hold office on vacating his or her seat in accordance with article 83 of the Constitution. Section 5 is unequivocal on the grounds upon which a commissioner can be removed. It provides: Removal of a commissioner a member of the commission, other than the Speaker and the Leader of Government Business, may be removed from office by Parliament for inability to perform the functions of his or her office arising from infirmity of body or mind, misbehaviour, misconduct or incompetence.”
That , under rule 110(2) the process of removal of a commissioner is by a motion for a resolution for removal of a Commissioner initiated by a notice in writing to the Clerk to Parliament signed by not less than one third of all the voting members of Parliament indicating their intention to remove the member.
In the current situation , it means that with the total voting members of Parliament being 529 the notice should be supported by not less than 177 members of Parliament and this has not been done.
“Your letter referred to above falls short of the requirements of rule 110 of the Rules of Procedure and accordingly, is incurably defective. The above not with standing, Honorable Mathias Mpuuga has neither vacated his seat as a member of Parliament in accordance with article 83 of the Constitution nor has he been, upon a motion moved in strict compliance with the rules of procedure, found guilty by Parliament for
Inability to perform the functions of his office arising from infirmity of body or mind, misbehavior, misconduct or incompetence.” She added
The same letter has been copied to the office of the Leader of Opposition, Minsitry of Justice and constitutional Affairs, office of the Deputy speaker and the Clerk to Parliament all of whom have acknowledged receipt.
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