MS
Millions of Ugandans have turned out to cast their votes in yet another historic general election that is likely to change the political landscape of the country. The presidential campaigns have been innovative and unprecedented as the candidates embraced the fast changing dynamics in communication especially the social networks.
Just last week the first ever mayoral debate was successfully organsised by Monitor Publications Limited and Nation Television (NTV) at Serena hotel in Kampala. Even the most critical opposition candidates at all levels can attest the fact that overall ,the campaigns have been peaceful thus far.
Now the day of reckoning has arrived and as the Electoral Commission readies to announce the results and the eventual winners, let the people’s will prevail. The Ugandan people have made their choices and their decisions at the polls should be honoured.. Elections are a celebration of every citizen's fundamental right to vote and must be respected by all.
It's encouraging that the campaign process has been conducted in a calm and peaceful manner . we now call on all political actors, particularly the candidates to maintain a high level of integrity in the electoral process, and respect the responsibility of managing the elections by the Electoral Commission.
It’s was also prudent for the Electoral Commission, the Uganda Police Force, and Uganda Media Council to generated agreed guidelines and codes of conduct for law enforcement officials and the media during the elections. It is hoped that strict adherence to the governing laws of the country will ensure that the outcome of the electoral process is legitimate and acceptable by all parties and citizens.
But the Electoral Commission, should ensure transparency in the way the votes are counted and the results released to the public. They should ensure that the ballot boxes are not tampered with especially after the votes are tallied at the polling centers.
The results should be released expeditiously in order not to create any environment for suspicion. And all Ugandans should be prepared to accept the outcome of the polls whether our respective candidates have won or not . In other words the t the country should remain united whatever the out come of the polls.
Friday, February 18, 2011
Friday, February 11, 2011
MPS: Court erred in interpretation of the law
As we approach the final lap in what has truly been a grueling campaign period , the Constitution Court has thrown the proverbial spanner in the works by declaring the nominations of members of parliament who did not resign their seats before joining parties other than those for which they were elected MPs unconstitutional.
A legal assessment of this judgment handed out by a Coram of 5 judges of the Constitutional court shows that their justices applied the strict and literal interpretation rule when they considered the meaning of article 83(I) (g) (h) of the constitution.
The article provides that a member of Parliament shall vacate his or her seat in parliament if the person leaves the party for which he or she stood as a candidate for election to Parliament to join another party or to remain in parliament as an independent member.
This particular provision is a recent addition to the constitution to cater for the complex issues of independents and errant MPs who cross party-lines in the course of their tenure. Indeed in the 8th parliament there are some 70 MPs who fall in this category and are directly affected by the Constitution Court’s ruling.
But with due respect to the learned judges of the court, their interpretation of the meaning and application of article 83 was right in some respects but flawed in others. For instance the judges are right to hold that MPs who cross from one party to another must first vacate the seats for which they were elected as per the provisions of the constitution. This principle of the law also applies to independent MPs who have since joined parties of their choice before vacating their seats as independents. But because the term of the 8th parliament has come to an end and because the law (the constitution judgment is Law until otherwise quashed/reversed by a superior court) the errant MPs can only be compelled to refund the emoluments earned from the date when they illegally crossed party lines.
On the other hand, however, the Court erred in law when it extended the application of article 83 to the nominations of MPs for the next parliament.
It’s clear from the wording of the provisions of article 83 that it’s application is limited to the term of every seating parliament and therefore cannot be extended to the next Parliament which is even not yet constituted.
The candidates for seats in the next parliament therefore need not to resign as per article 83 as declared by court.' Otherwise how can one resign from a parliament that is not yet in existence?
In fact by operation of the law once a member of Parliament is nominated to contest seats in the next parliament their term as MPs should automatically expire. The sad thing, though, is that the law is silent about the transition period between nominations and when the next Parliament is inaugurated in May.
The learned judges again erred in law by interpreting article 83 in isolation of other provisions of the constitution especially article 72 which allows people to contest for elective positions on any political party platform they so wish.
One of the core principles of constitutional interpretation is that the constitution should be ready and interpreted as a whole. I hope the Supreme Court will revisit some of the contradictions in the Constitution Court ruling and settle the issues in clear terms.
Writer is Journalist and Advocate of the High Court of Uganda
msserwanga@gmail.com
A legal assessment of this judgment handed out by a Coram of 5 judges of the Constitutional court shows that their justices applied the strict and literal interpretation rule when they considered the meaning of article 83(I) (g) (h) of the constitution.
The article provides that a member of Parliament shall vacate his or her seat in parliament if the person leaves the party for which he or she stood as a candidate for election to Parliament to join another party or to remain in parliament as an independent member.
This particular provision is a recent addition to the constitution to cater for the complex issues of independents and errant MPs who cross party-lines in the course of their tenure. Indeed in the 8th parliament there are some 70 MPs who fall in this category and are directly affected by the Constitution Court’s ruling.
But with due respect to the learned judges of the court, their interpretation of the meaning and application of article 83 was right in some respects but flawed in others. For instance the judges are right to hold that MPs who cross from one party to another must first vacate the seats for which they were elected as per the provisions of the constitution. This principle of the law also applies to independent MPs who have since joined parties of their choice before vacating their seats as independents. But because the term of the 8th parliament has come to an end and because the law (the constitution judgment is Law until otherwise quashed/reversed by a superior court) the errant MPs can only be compelled to refund the emoluments earned from the date when they illegally crossed party lines.
On the other hand, however, the Court erred in law when it extended the application of article 83 to the nominations of MPs for the next parliament.
It’s clear from the wording of the provisions of article 83 that it’s application is limited to the term of every seating parliament and therefore cannot be extended to the next Parliament which is even not yet constituted.
The candidates for seats in the next parliament therefore need not to resign as per article 83 as declared by court.' Otherwise how can one resign from a parliament that is not yet in existence?
In fact by operation of the law once a member of Parliament is nominated to contest seats in the next parliament their term as MPs should automatically expire. The sad thing, though, is that the law is silent about the transition period between nominations and when the next Parliament is inaugurated in May.
The learned judges again erred in law by interpreting article 83 in isolation of other provisions of the constitution especially article 72 which allows people to contest for elective positions on any political party platform they so wish.
One of the core principles of constitutional interpretation is that the constitution should be ready and interpreted as a whole. I hope the Supreme Court will revisit some of the contradictions in the Constitution Court ruling and settle the issues in clear terms.
Writer is Journalist and Advocate of the High Court of Uganda
msserwanga@gmail.com
Thursday, February 10, 2011
Optic fibre Internet project is long overdue
Optic fibre Internet project is long overdue
BY MOSES SSERWANGA
One of the major challenges Uganda is facing today is the slow speed of the Internet or absence of the service in most parts of the country. Unlike Rwanda where the authorities are determined to ensure that our neighbours become an ICT hub in the region, in Uganda no serious efforts are being made to challenge this competition. The UN has established that there is a direct link between the spread of Internet and economic growth. The International Telecommunication Union found that every 1 per cent increase in Internet penetration results into a $593 (about Shs1.4million) increment to GDP per capita.
Indeed its very encouraging that one of our leading universities - Makerere - through the Faculty of Computer Science has taken the lead to not only train students but also develop software solutions that can be suitably deployed to address many technological challenges that face the country. It can thus be argued that Makerere’s contribution to the development of the ICT industry will to a great extent help Uganda to remain at the same level or even exceed other players in the region like Rwanda. It should also be noted that Rwanda is set to establish “on-line Campuses” throughout the country to benefit an estimated 50,000 students in higher institutions of learning.
This will not only allow almost all students in Rwanda to attain higher education but it will also significantly reduce on the cost of education. There are a number of bottlenecks to Uganda’s development of the ITC industry and the major one being access to the Internet.
The optic fibre cable project being implemented by a Chinese company - Huawei Technologies Company - has been slowed down by disagreements over cost and quality of work . These issues need to be sorted out because its the fibre cable network that will allow Internet providers to spread these vital services to most parts of the country. It’s claimed that Rwanda paid to Korea Telecom and Horizon $38 million to cover a distance of 2,300km as opposed to $61 million paid by Uganda for 2,100km.
Yet according to Rwanda ICT Framework presented by the Rwandan Minister in the Office of the President in charge of Science and Technology, Prof. Romain Murenzi, the country’s National Broadband was to cost $66 million for a distance of 2,300km and not $38 million.
Therefore, Rwanda is spending $66 million, out of which $38 million is for equipment and the rest for civil works. On the other hand, according to the agreement between Uganda and Huawei, government is investing $61 million for a distance of 2,118.6km including the fibre construction with 28 transmission sites and two protective rings. The component will also have access to 28 government departments and network security system. The other investment of $44 million, which brings the total cost in Uganda to $106 million, is for E-Government infrastructure.
Looking at the Uganda-NBI project Investment Comparison analysis with that of Rwanda, its clear that the unit price of the Rwandan project is a meagre variation and yet the Uganda project covers more components. These development projects which are vital for the provision of essential services to the majority Ugandans need to be supported to make us competitive in the global market.
It is encouraging that after wide consultation involving the ICT ministry, the national information technology authority, MPs and Huawei Technologies, members of the parliamentary committee on information technology have okayed government to go ahead with the second phase of the Optic fibre project to speed up the process of extending these services to the countryside where the majority of Ugandans live. The Committee chairperson, Mr Nathan Igeme Nabeta has rightly noted that the more time the cable lies incomplete the more Uganda will lose .
The writer is a journalist and an advocate
msserwanga@gmail.com
+256 772 43 46 77
BY MOSES SSERWANGA
One of the major challenges Uganda is facing today is the slow speed of the Internet or absence of the service in most parts of the country. Unlike Rwanda where the authorities are determined to ensure that our neighbours become an ICT hub in the region, in Uganda no serious efforts are being made to challenge this competition. The UN has established that there is a direct link between the spread of Internet and economic growth. The International Telecommunication Union found that every 1 per cent increase in Internet penetration results into a $593 (about Shs1.4million) increment to GDP per capita.
Indeed its very encouraging that one of our leading universities - Makerere - through the Faculty of Computer Science has taken the lead to not only train students but also develop software solutions that can be suitably deployed to address many technological challenges that face the country. It can thus be argued that Makerere’s contribution to the development of the ICT industry will to a great extent help Uganda to remain at the same level or even exceed other players in the region like Rwanda. It should also be noted that Rwanda is set to establish “on-line Campuses” throughout the country to benefit an estimated 50,000 students in higher institutions of learning.
This will not only allow almost all students in Rwanda to attain higher education but it will also significantly reduce on the cost of education. There are a number of bottlenecks to Uganda’s development of the ITC industry and the major one being access to the Internet.
The optic fibre cable project being implemented by a Chinese company - Huawei Technologies Company - has been slowed down by disagreements over cost and quality of work . These issues need to be sorted out because its the fibre cable network that will allow Internet providers to spread these vital services to most parts of the country. It’s claimed that Rwanda paid to Korea Telecom and Horizon $38 million to cover a distance of 2,300km as opposed to $61 million paid by Uganda for 2,100km.
Yet according to Rwanda ICT Framework presented by the Rwandan Minister in the Office of the President in charge of Science and Technology, Prof. Romain Murenzi, the country’s National Broadband was to cost $66 million for a distance of 2,300km and not $38 million.
Therefore, Rwanda is spending $66 million, out of which $38 million is for equipment and the rest for civil works. On the other hand, according to the agreement between Uganda and Huawei, government is investing $61 million for a distance of 2,118.6km including the fibre construction with 28 transmission sites and two protective rings. The component will also have access to 28 government departments and network security system. The other investment of $44 million, which brings the total cost in Uganda to $106 million, is for E-Government infrastructure.
Looking at the Uganda-NBI project Investment Comparison analysis with that of Rwanda, its clear that the unit price of the Rwandan project is a meagre variation and yet the Uganda project covers more components. These development projects which are vital for the provision of essential services to the majority Ugandans need to be supported to make us competitive in the global market.
It is encouraging that after wide consultation involving the ICT ministry, the national information technology authority, MPs and Huawei Technologies, members of the parliamentary committee on information technology have okayed government to go ahead with the second phase of the Optic fibre project to speed up the process of extending these services to the countryside where the majority of Ugandans live. The Committee chairperson, Mr Nathan Igeme Nabeta has rightly noted that the more time the cable lies incomplete the more Uganda will lose .
The writer is a journalist and an advocate
msserwanga@gmail.com
+256 772 43 46 77
Tuesday, February 1, 2011
MEANING OF THE CONSTITUTIONAL JUDGEMENT ON INDEPENDENTS
MEANING OF THE CONSTITUTIONAL JUDGEMENT ON INDEPENDENTS
BY MOSES SSERWANGA
Problem is the learned judges of the Constitutional Court, have made a strict and literal interpretation of article 83(I) (g) (h) which provides that a member of parliament shall vacate his or her seat in parliament.
(g) if the person leaves the party for which he or she stood as a candidate for election to parliament to join another party or to remain in parliament as an independent member
Much as this article is a recent addition to our constitution to take care of the complex issues of independents, It doesn’t specify whether it's application is limited to the present or the next parliament. In my view article 83 is limited to the current parliament and not the next .
And if that's the case , my interpretation is that this article doesn’t apply to nominations for seats in the next parliament - people are free to switch alliances or move from one political party to another or more still stand as independents because they are contesting for seats in another parliament and not the present one. The candidates for seats in the next parliament therefore need not to resign as per article 83 as declared by court.
The learned judges again have erred in law by interpreting article 83 in isolation of other provisions of the constitution especially article 72 which allows people to contest for elective positions on any political party platform they so wish.
One of the core principles of constitutional interpretation is that the constitution should be ready and interpreted as a whole.
Another issue is that the judges have not addressed themselves to the transition period between nomination and swearing in of the next parliament.
Writer is Journalist and Advocate
msserwanga@gmail.com
BY MOSES SSERWANGA
Problem is the learned judges of the Constitutional Court, have made a strict and literal interpretation of article 83(I) (g) (h) which provides that a member of parliament shall vacate his or her seat in parliament.
(g) if the person leaves the party for which he or she stood as a candidate for election to parliament to join another party or to remain in parliament as an independent member
Much as this article is a recent addition to our constitution to take care of the complex issues of independents, It doesn’t specify whether it's application is limited to the present or the next parliament. In my view article 83 is limited to the current parliament and not the next .
And if that's the case , my interpretation is that this article doesn’t apply to nominations for seats in the next parliament - people are free to switch alliances or move from one political party to another or more still stand as independents because they are contesting for seats in another parliament and not the present one. The candidates for seats in the next parliament therefore need not to resign as per article 83 as declared by court.
The learned judges again have erred in law by interpreting article 83 in isolation of other provisions of the constitution especially article 72 which allows people to contest for elective positions on any political party platform they so wish.
One of the core principles of constitutional interpretation is that the constitution should be ready and interpreted as a whole.
Another issue is that the judges have not addressed themselves to the transition period between nomination and swearing in of the next parliament.
Writer is Journalist and Advocate
msserwanga@gmail.com
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