KAMPALA – Speaker Anitah Among rejected National Unity Platform’s request to withdraw their representative on the Parliamentary Commission – Mathias Mpuuga on accusations of corruption and misuse of office.
The former Leader of Opposition is accused of conniving with four NRM counterparts in the irregular self-allocation of 1.7 billion shillings as “Service Awards” in a meeting chaired by the Speaker herself in which Mpuuga pocketed shs500 million.
In the party’s letter to the Speaker dated 18th March 2024, they withdrew Mpuuga and replaced him with Hon Zaake Francis as Commissioner of Parliament, something the Speaker rejected on grounds that the party has no that mandate.
According to her, Parliamentary Commissioners are elected by Parliament by virtue of section 2 of the Administration of Parliament, Cap 257 and rule 11 (4) of the Rules of Procedure of the Parliament of the Republic of Uganda. Under this, she says the role of parties is limited to nominating candidates for election to the office as stipulated in sub-section 2 (2b).
It provides:
“(2b) Nomination of the candidates for election to the Commission of the four members of Parliament referred to in subsection (2) shall be made by the Government and opposition sides
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.”
She added, “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:
“5. 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.”
“The above provision is reiterated in rule 110 (1) of the Rules of Procedure. Moreover, 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. This means that with the total voting members of Parliament being 529 the notice should be supported by not less than 177 members of Parliament. Your letter referred to above falls short of the requirements of rule 110 of the Rules of Procedure and accordingly, is incurably defective.”
Speaker notes that the above notwithstanding, 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, misbehaviour, misconduct or incompetence.
“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 section 5 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-Oyelowo and James Akampumuza Versus Attorney General, Constitutional Petition No. 8 of 2003.”
“Your letter, therefore, and desire of the National Unity Platform, has no basis or foundation in law. I can, therefore, not implement it.”
