Uganda’s Constitutional Court has ordered the Attorney General to respond within five days to a petition challenging MPs holding dual offices. The case targets Members of Parliament who also serve as Vice President, Prime Minister, or Cabinet Ministers.
The five-judge panel, led by Deputy Chief Justice Flavian Zeija, issued the directive on Thursday evening. This followed a request from Senior State Attorney Jackie Amsugut, who asked for more time to prepare a stronger response. She said the matter carried great national importance.
Lawyer Michael Aboneka and the Walezi Wa Katiba Foundation filed the petition on January 24, 2024. They argue that allowing MPs to hold executive roles violates the separation of powers enshrined in Uganda’s Constitution. The petition points to Article 108A, which permits the President to appoint an MP as Prime Minister.
Constitutional Conflict Over MPs Holding Dual Offices
The petitioners claim this law creates a fusion between the Executive and the Legislature. They believe it weakens Parliament’s independence and accountability. Their legal team wants the court to compel MPs to choose one role and refund all salaries and benefits earned while holding two positions.
They argue that when MPs serve in cabinet posts, they cannot properly oversee executive decisions. This, they say, threatens democratic checks and balances.
Petition Disputes Women MPs’ Dual Mandate Legality
In a separate but related case, petitioners also question the legality of City Woman MPs and Municipality MPs. This second case comes from the Alliance for Finance Monitoring, Walezi Wa Katiba Foundation, and lawyer Peter Magelah Gwayaka.
They say Article 78(1)(b) only allows for one woman representative per district. Cities, they argue, do not qualify as separate constituencies. According to them, all City Woman MP seats are unconstitutional.
Mr. Aboneka emphasized that cities do not exist as standalone voting units in the Constitution. He criticized the expansion of constituencies after the March 2016 census, calling it both unlawful and financially harmful.
Financial Cost of MPs Holding Executive Roles
According to the petition, Uganda spends over Shs4 billion annually on salaries for 10 City Woman MPs and 19 Municipality MPs. The petitioners believe this is a misuse of taxpayer money caused by unconstitutional decisions.
Both legal challenges aim to restore constitutional order before the 2026 general elections. The petitioners urged the court to resolve the cases urgently, citing their national significance.
“We believe these cases matter for Uganda’s future. The Constitutional Court must act fast to protect the rule of law,” Aboneka told reporters outside court.
These rulings could reshape how power is distributed between Uganda’s arms of government. They may also influence public trust in the country’s democratic institutions.
For further court developments, read about the Stanbic Bank mortgage ruling and the petition challenging Uganda’s digital number plate deal.
