Vituko Mitaani

Mr Theodore Ssekikubo (L) and Mr Barnabas Tinkasimiire at Parliament yesterday.

Parliament will not reverse its decision not to unseat four MPs who were expelled from the ruling National Resistance Movement (NRM) party last month.

The House Public Relations Officer, Ms Helen Kawesa, yesterday said the Speaker of Parliament, Ms Rebecca Kadaga, based her ruling on the Constitution.

“We stand by our decision. The Speaker based her ruling on Article 83 [of the Constitution],” Ms Kawesa told the Daily Monitor. “There is no specific provision that says that that once an MP is expelled by a political party, he or she should lose their parliamentary seat.”

Ms Kawesa said the Speaker, does not base her rulings on recommendations of individuals but on the Law. “They can go to court,” added Ms Kawesa.

Attorney General Peter Nyombi on May 8 wrote to the Speaker advising her to reverse her decision.

Mr Nyombi argued that Mr Theodore Ssekikubo (Lwemiyaga MP), Mr Barnabas Tinkasimiire (Buyaga), Mr Wilfred Niwagaba (Ndorwa East MP) and Mr Muhammad Nsereko (Kampala Central), who the NRM expelled for alleged indiscipline, are now “aliens in the 9th Parliament”.

“Although I was not consulted on the issue…as the principal legal adviser of the government, I am compelled to advise you to reverse your decision because it is [un]constitutional,” wrote Mr Nyombi.

But Mr Tinkasimiire and Mr Ssekikubo yesterday said as a principal legal adviser to government, Mr Nyombi should exhibit a better appreciation of the doctrine of separation of powers.

“If Parliament is a fully-fledged arm of the government with a Directorate of Legal Services, what right does AG have to question the ruling of the Speaker?” posed Mr Ssekikubo. “Let us respect constitutional rule.”

“Does he believe that the 1995 Constitution speaks about the separation of powers? Does he want to preside over Parliament…leave other arms of government to do their work. If he has no moral fibre to defend the Constitution, he [Peter Nyombi] should resign,” said Mr Tinkasimiire.

The four MPs insist that their expulsion by NRM was an infringement on their constitutional right to freedom of speech and was also the end.

Timeline

April 16: NRM Secretary General wrote to the Speaker of Parliament to declare the four MPs seats vacant

May 2: The Speaker ruled, saying she could not declare the seats vacant because there were no unequivocal provisions in the law for such.