Uganda Women Politicians and their Empowerment without power: When Speaker Rebecca Kadaga Committed Political Suicide by a timid refusal to jump over Museveni’s ‘Dead body’ : MPs protest as Kadaga blocks recall

MPs protest as Kadaga blocks recall

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By MERCY NALUGO & YASIIN MUGERWA

Posted  Friday, January 18  2013 at  07:07

MPs yesterday accused Speaker Rebecca Kadaga of bowing down to pressure from President Museveni to reject their wish to reconvene over the political storm surrounding the death of Butaleja Woman MP Cerinah Nebanda.

Accusations of cowardice were thrown at Ms Kadaga, whose January 15 letter to the lead petitioners went public yesterday.

The Speaker said in her letter that she could not allow the petition because its backers had failed to raise the required number of signatures after she allowed 10 MPs to withdraw their signatures.

Two weeks ago, the lawmakers submitted a petition signed by 127 MPs seeking to recall the House from recess to discuss the doctrine of separation of powers and to prevail over the Executive to respect the rule of law and constitutionalism.



The petition was prompted by the arrest of some MPs over their comments about the death of Nebanda. The government linked her death to narcotic drugs.

Whereas Ms Kadaga, who has met the President at least two times to discuss the standoff between Parliament and Executive, acknowledged in the letter that the parliamentary rules of procedure (Rule 20) relating to the recall of Parliament do not specifically provide for withdraw of signatures, the rules are silent on the issue.

“[As such], the petition does not meet requirements…” she wrote while explaining why she allowed the 10 members to withdraw.
“It is my opinion that the signatures appended in support of a petition to the Speaker can be withdrawn as long as the Speaker has not yet acted upon the petition, certainly at least if the withdrawal of support is made even before the Speaker receives the petition.

Article 95(5) of the Constitution requires that such a petition is supported at least one third of all MPs (125 MPs by current numbers), meaning the petition was short of eight MPs.

Ms Kadaga said prior to receiving the petition, her office had received written communication dated January 4 from five MPs who indicated they had withdrawn their support for the petition.


She said after she received the petition another fiveMPs also requested to withdraw their signatures.

The MPs behind the petition told the Daily Monitor yesterday that they are now exploring avenues, including seeking an interpretation from the Constitutional Court on whether the Speaker has the mandate to authorise members to withdraw their signatures.

Why Kadaga blocked MPs recall petition

http://www.observer.ug/index.php?option=com_content&view=article&id=23222:why-kadaga-blocked-mps-recall-petition&catid=78:topstories&Itemid=116

Friday, 18 January 2013 00:52

Written by SULAIMAN KAKAIRE, EMMA MUTAIZIBWA, DAVID TASH LUMU, & SHIFA MWESIGYE

Speaker Rebecca Kadaga yesterday rejected the recall of Parliament to discuss the executive’s perceived affront on the independence of the legislature following the controversial death of Butaleja Woman MP, Cerinah Nebanda.

Her decision has been attacked by the petitioners—and hailed by the NRM. The development comes off as a significant coup for President Museveni who had earlier on warned that the House could only be recalled “over my dead body.”

The petition to recall Parliament was handed to the office of the Speaker on January 7, 2013 by the lead petitioner, Ajuri MP, Hamson Obua. The attached list had signatures of 128 MPs, who reportedly wanted the House recalled.

But according to Kadaga’s letter to the petitioners dated January 15, the petition falls short of signatures, citing the withdrawal of some and alleged forgery.

“Prior to receiving your letter together with its attachment, my office had received written communication dated January 4, 2013 from five Members of Parliament informing me that whereas they had earlier appended their signatures to a petition to recall Parliament, they had now decided to withdraw their support to the petition for various reasons.”

Her letter adds: “Additionally, my office received on January 8, 2013 a written complaint from one honourable Member of Parliament strongly protesting and indeed challenging his purported signature in support of the petition.”

Delivering her verdict on the petition, which for sometime now has kept the president on his toes, Kadaga said it’s within the confines of the law for an MP to withdraw his/her signature.

“The signatures on the petition to the speaker can be withdrawn as long as the speaker has not yet acted upon the petition, certainly, at least, if the withdrawal of support is made even before the speaker receives the petition,” argued Kadaga.

Because some signatures were withdrawn, Kadaga noted, “it leads to the remaining signatures to fall below those set by the constitution. For such a petition, then it becomes ineligible for further processing.”

The Observer has learnt that Kole MP, Fred Ebil, is the MP who wrote to Kadaga complaining that his signature had been forged. On the other hand, NRM lawmakers Sempala Mbuga, Beatrice Rusaniya, Boaz Kafuda, Sara Nakawunde, Godfrey Lubega, and Onyango Kakoba wrote to the speaker demanding their signatures to be withdrawn.

“In view of the above,” Kadaga argued, “I find that the petition does not meet the requirements as set out in article 95(5) of the constitution and rule 20 of the rules of procedure of Parliament of Uganda and I am, therefore, unable to act on the petition you submitted to my office.”

The Observer reported in its January 9-10 edition (see: How Museveni will fail MPs petition) that withdrawing signatures and alleging forgery were some of the strategies employed by NRM to kill the petition.

The MPs had sought to recall Parliament to discuss the dramatic events that followed last month’s death of their colleague, Nebanda. While some MPs alleged that she was poisoned, the government produced a toxicology report indicating that she had died of drug abuse. A pathologist appointed by Parliament to initiate a parallel investigation was arrested, as were some of the MPs who opposed the government line, resulting in charged MPs calling for the House to return from recess.

The MPs accused the executive of, among other things, undermining the doctrine of separation of powers. President Museveni made it clear from the outset that he didn’t want Parliament recalled. The president held several meetings with political leaders, including the speaker and deputy speaker, Jacob Oulanyah, to ensure he had his way.

There was even talk that the president was considering removing the speaker as she had become a problem to the ruling party in Parliament. Given the political pressure faced by the speaker, who is moreover deputy chairperson of NRM, the shortcomings in the petition that she used to justify her decision must have come as a godsend.

Not surprisingly, the Shadow Attorney General, Abdu Katuntu, believes the speaker made the “wrong” decision and in the process violated the constitution. He said Kadaga had erred by expunging the signatures of those who changed their minds. According to Katuntu, it is a general principle in law that once someone has appended their signatures, they cannot withdraw them.

“In this case, the Members of Parliament signed the petition and the lead petitioners stopped collecting signatures. Then how could the speaker, after the closure, rule that some members can withdrawal?” argued Katuntu.

Kabale Municipality MP Andrew Baryayanga said Kadaga should have followed the precedent set by the late former speaker, James Wapakhabulo.

“When 17 members wanted to withdrawal signatures from a petition to censure Jim Muhwezi [in the Sixth Parliament] they were stopped from doing it. This is a bad precedent and I think she [Kadaga] is sowing seeds of a bad legacy,” he complained.

Jinja East MP Paul Mwiru, a lawyer, said though he respects the ruling of the speaker, he believes it’s flawed.

“The speaker makes a ruling not bearing in mind that the grounds of withdrawal must be legally satisfying before it is permitted. I think she has abdicated her responsibilities,” he said.

Buyaga West MP Barnabas Tinkasiimire, expressed fear that the Speaker, who had won praise across the political spectrum for being neutral, had started acting like an appendage of the Executive.

“But she should be reminded that we are the ones who voted her to become speaker,” warned Tinkasiimire.

Kalungu West MP Joseph Ssewungu expressed fear that Kadaga’s decision smacks of intimidation by the Executive, while Terego MP Kassiano Wadri described the decision as ridiculous.

By press time, the petitioners were still holed up in a crisis meeting to plan a way forward.

“We want to sit and see what to do next because we shall not support the constitution to be violated,” Ssewungu told The Observer.

 

Kadaga lauded on neutrality

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By  Issa Aliga & Martin Ssekweyama

Posted  Tuesday, January 8  2013 at  02:00

In Summary

The praises. Leaders, residents join to praise the Speaker’s handling of Parliament, with some wishing she could be elevated to a higher position.
Residents of Bukomansimbi District have praised the Speaker, Ms Rebecca Kadaga, for her neutrality and maturity in handling of affairs in the Ninth Parliament.
“We even wish you could be elevated to a higher political post,” said Ms Agnes Namaganda, the localWoman MP, without elaborating the post she wished for the Speaker.

This was at Misanvu Teachers College on Sunday, where Ms Kadaga was the chief guest during the college’s graduation ceremony.

Ms Namaganda described Ms Kadaga as neutral and mature in her management of Parliament.

The Speaker’s visit caused a lot of excitement, especially among the women, who jostled around her to shake her hand.

The district chairperson, Mr Mohammed Kateregga, thanked Ms Kadaga for honouring the invitation to the ceremony at which 75 nursery schoolteachers graduated.

The Speaker thanked the people of the area for voting President Museveni in the last election.

“I know that when it came to your MPs, you opted to vote for the opposition. Good enough, they are good performers and I urge you to work with them to develop the country.” She donated Shs1 million towards theconstruction of a library block.

Mr Kateregga said the district’s effort to carry out development projects is hampered by insufficient funds. He said that only half of the Shs11 billion that had been budgeted for had not been realised.

Bishop Godfrey Makumbi, of West Buganda Diocese, thanked the Speaker and the other people who attended the function for the generous contributions towards the construction.

About Shs7 million was raised in cash and pledges.

Museveni Vs Kadaga: A fresh row or long-rooted difference?

By Emmanuel Gyezaho

Posted  Sunday, January 6  2013 at  02:00

In Summary

President Museveni could have differed with Speaker Rebecca Kadaga over the manner the Nebanda death was handled by the government. But is this disagreement a smokescreen of a much bigger power struggle within the ruling NRM party?

President Museveni and Speaker Rebecca Kadaga find themselves in the eye of yet another major political storm. Battle lines have been drawn over a row to recall Parliament to debate the recent arrest of MPs and the scuttling of a parliamentary investigation into the curious death of feisty Butaleja Woman MP Cerinah Nebanda.

But as the drama continues to play out, there is more than meets the eye to a confrontation that has placed two branches of government, the Executive and Legislature, as well as their leaders, on a warring path.

Is the disagreement over the Nebanda debate a smokescreen of a much bigger power struggle within the ruling NRM party? Is this a battle of supremacy between two arms of the State? Or are we witnessing a proverbial battle of the sexes as amplified in the characters and persona of Mr Museveni and Ms Kadaga? What is really at stake?
Mr Museveni’s administration, at the receiving end of a barrage of condemnation over its bizarre handling of events around Nebanda’s demise and hurting over a reputation crisis, insists there is no fallout between Speaker Kadaga and the President.

“We shouldn’t institutionalize the issues,” said Presidency Minister Frank Tumwebaze in a Thursday interview.
“There is nothing between the Executive and Parliament per se. It is just individuals in Parliament who want to use Parliament for some agendas we are yet to understand.”

Mr Tumwebaze, a youthful and fresh entrant into Cabinet following his August 2012 appointment, who remains one of few eloquent defenders of the President, says the current controversy is a result of the political activism that has been demonstrated by a breed of NRM MPs who have dared to tow lines in opposition to the ruling party. Nebanda was one such MP.

“Of late every controversy in Parliament; every issue in Parliament is politicised. Right from the budget to the Oil Bill and now to Nebanda; that is why it goes beyond Nebanda,” he said. “It is political opportunism and they are just taking advantage of the soft nature of our President. If it was Nandala [Mafabi] he would have sacked them in one day.”

Mr Museveni has enjoyed nothing but a belligerent relationship with the 9th Parliament, despite his ruling party commanding an absolute majority in the House. Some will argue that given past evidence of Executive overbearing influence on the Legislature, especially during the 8th Parliament under the tenure of current Vice President Edward Ssekandi, these are signs that national interest is finally superseding the narrow interests of the political parties on whose platform many MPs owe their allegiance.

Veteran politician Aggrey Awori believes the confrontation we are witnessing is rooted in Mr Museveni’s apparent desire to exert control and dictate how Parliament should be run.

“The chairman of NRM keeps thinking this Parliament is the National Resistance Council [NRC]. It is not,” said Mr Awori. “There are other political organisations that belong to this Parliament and you cannot ignore their feelings.”

Mr Awori, a long-time critic of the President who later turned ally and enjoyed a stint in Cabinet before being dropped two years ago, argued that the trouble for NRM and Mr Museveni is the assumption that the ruling party’s parliamentary organ, the NRM Caucus, where key legislative decisions are taken in a dress rehearsal of how events play out on the floor, takes precedence over Parliament.
“The NRM Caucus cannot be superior or take precedence over Parliament,” said Mr Awori. “And the President cannot direct how Parliament should be run.”

Kinkizi East MP Dr Chris Baryomunsi, whose role in the Nebanda affair saw him spend Christmas behind bars, said the current confrontation is rooted in flawed assumptions by some who “think when you are an NRM member you have no business questioning what government is doing.”

“Ugandans, including the President must now start appreciating the space Parliament enjoys within the democratic process,” said Dr Baryomunsi. “I don’t expect Parliament to work as if it’s an extension of the Executive. It is expected to be an independent organ of the State and the 9th Parliament under the leadership of the current Speaker is simply trying to do that.”

Kadaga’s rise
Speaker Kadaga’s stewardship of the House is a subject that has divided critics and enthusiasts alike and a matter some pundits believe is crucial in understanding what is really at stake in this latest row. Since her ascendency to the top job two years ago, Ms Kadaga has moved to set herself apart, especially from her predecessor, Mr Ssekandi, to rise as an astute stateswoman with a knack to call the government to order. The Speaker has managed to cut herself out as a neutral arbiter, allowing MPs across the political divide to gravitate towards her in admonishing government ministers openly on the floor and listening and agreeing to opposition led positions.

Already, calls have been apparent from some senior religious clerics urging Ms Kadaga to run for the presidency in 2016.

Retired Archbishop of the Church of Uganda, the most Reverend Henry Luke Orombi, has since described her as God-sent while a critical member of the clergy from Kabale Diocese, Fr Gaetano Batanyenda, has openly asked her to throw her hat in the presidency ring.

Although Ms Kadaga has not publicly offered any indication of presidential ambitions, the mere mention of her name as a possible candidate has presented a recipe for unease, Mr Awori says.

“Kadaga is unchallengeable in the East. She has got support.

How Kadaga,Oulanyah fought over petition

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Monday, 21 January 2013 08:36

Written by David Tash Lumu

Speaker pleads with petitioners not to appeal

The past few days have given Speaker Rebecca Kadaga and Members of Parliament serious headaches, over a petition to recall the House from recess. The Observer has learnt that the petition campaign featured moments of wild unpredictability, political threats to consider, and new options to weigh for both the speaker and the MPs.

When the petition finally garnered the required signatures and it was delivered at the doorstep of Kadaga’s office, she started playing a delicate political balancing game. Sources familiar with the petition politics says that Kadaga weighed her options and, ultimately ,    decided to lean to Deputy Speaker Jacob Oulanyah for a solution.

Kadaga, summoned Oulanyah for a special meeting in her chambers in Parliament on January 15. High on the agenda was how to respond to the petition signed by 127 lawmakers seeking a recall of the House to debate President Museveni’s handling of the death of Butaleja Woman MP Cerinah Nebanda, which they said amounted to an “attack on the independence of Parliament”.

At the meeting, Kadaga had hoped to tap into Oulanyah’s perceived loyalty to the NRM party and his seemingly undeterred commitment to push through the party’s agenda in Parliament at all cost. She wanted Oulanyah to take the lead on the petition, and be the one to quash it.

Sources have told us that Kadaga, who had just met the petitioners in her chambers to discuss the possibility of not re-calling Parliament from recess, nudged Oulanyah to sign the letter rejecting the petition – after all, Oulanyah had handled dirties NRM business in the House without a flinch. But the Omoro MP was reluctant this time round and ultimately refused to sign the letter—leaving Kadaga in the cold.

The move to draft in Oulanyah was hatched at a meeting between Kadaga and some petitioners who wanted to preserve the Kadaga brand of firmness and independence in the face of undue NRM influence. They reasoned that if the petition was to fail, given the political ramifications, it be failed by Oulanyah.

It was clear, the source said, Kadaga wanted nothing to do with this petition. She wanted to steer clear just like she had done for other controversial matters. Earlier, Kadaga had missed the Appointments committee sitting that controversially approved the cancelled appointment of Aidah Nantaba as minister of state for Lands. Kadaga also skipped the sitting that passed the controversial Oil bill as well as the unprecedented two-time tribute session for Cerinah Nebanda. On those occasions Oulanyah stood in.

The petitioners who attended Kadaga’s crisis meeting included Abdu Katuntu (Bugweri), Paul Mwiru (Jinja municipality East), Medard Sseggona (Busiro East), Gerald Karuhanga (Youth Western), Mariam Nalubega (Butambala woman) and Wilfred Niwagaba (Ndorwa East).

Kadaga had vowed twice, before Museveni, that she would follow the Constitution and summon the House if she got a valid petition. But in this meeting, she pointedly told the MPs that they had shot their own petition down by including forged signatures. She would reject it.

By this time, Kole MP Fred Ebil had written to Kadaga complaining that his signature had been forged, a move the petitioners protested. However, the petitioners insisted that forgery was not solid enough ground for her to cancel their petition—arguing that the case of withdrawal of signatures was not for her to decide, but for courts.

At the same meeting, it also emerged that NRM lawmakers Sempala Mbuga (Nakaseke South), Beatrice Rusaniya (Kiruhura Woman), Boaz Kafuda (Busongora South), Sara Nakawunde (Mpigi Woman), Godfrey Lubega (Kassanda North) and Onyango Kakoba (Buikwe North) had met Museveni at Rwakitura and were forced to append their signatures on a letter to the speaker demanding their signatures to be withdrawn.

It is these tricky issues, coupled with immense pressure from Museveni, that forced Kadaga to do what the petitioners now call “betrayal”. An MP who attended this meeting told us that the speaker also cited possible political consequences if she recalled the House— arguing that the stakes were not only too deadly for her but for the country at large.

In delivering her ruling on the petition, Kadaga skillfully avoided any pronouncement on Article 95 (5) of the Constitution that provides for the special session of Parliament to be recalled—giving the petitioners leeway for a court redress, which according to sources, she doesn’t want.

In fact an MP, who is close to her, and was part of the petition process, has told us that shortly after she delivered her ruling on Thursday, January 17, Kadaga personally called the petitioners and tried to dissuade them from going to the Constitutional court for an interpretation of her ruling.

“Certainly this is a tricky situation. The Speaker is our friend, and I don’t envisage a situation where our colleagues are going to take her to court. It cannot happen,” said Patrick Nsanja (Ntenjeru South).

Mwiru shares the same opinion: “Given the pressure that our petition has caused, we cannot continue complicating matters for Madam Speaker.”

Last Friday, some of the petitioners met at Parliament agreed that for the good of the speaker, it was not necessary to take her ruling to the Constitutional court. The few MPs who attended the meeting included Nsanja, Nalubega, Ssemujju, Karuhanga and Muwanga Kivumbi. But some petitioners like Sseggona and Niwagaba still insist on court action to stop this “bad precedent”. The petitioners will seek consensus this morning, when they all meet Parliament.

Can Kadaga bounce back?

Livingstone Okello-Okello, former Chwa MP: “I am very sympathetic to Kadaga. The decision she took was highly regrettable. In those petitioners, she had a constituency that believed in her. She has now abandoned them—shifting to the NRM caucus—something that will render Parliament ineffective.

I remember, I used to tell my friend James Wapakhabulo (former speaker) whenever he faced situations like these, that shifting to what Museveni wants cannot save him politically. And I don’t think what Kadaga has done will save her from Museveni. I think her political career has been damaged.” Ben Wacha, former Oyam North MP:

“I was surprised by her decision. Once you have appended your signature, you cannot withdraw it. It is illogical for anyone to withdraw signatures because it put parliamentary work in a difficult position. Her decision means that MPs will now withdraw signatures from parliamentary reports. But I also appreciate the circumstances under which she was working. If you have a head of state who warns you of serious consequences if you recall Parliament, what do you do?