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Lawyer petitions court to stop MPs from serving as ministers

Matooke Republic by Matooke Republic
January 25, 2024
in News
Reading Time: 2 mins read
Petitioner Mr Michael Aboneka (L) together with his lawyer Mr George Musisi (R) at the Constitutional Court.

Petitioner Mr Michael Aboneka (L) together with his lawyer Mr George Musisi (R) at the Constitutional Court.

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Lawyer Michael Abonek, in collaboration with the Walezi Wa Katiba Foundation, a non-profit organization, has submitted a petition to the Constitutional Court, seeking an order to prohibit Members of Parliament (MPs) from concurrently holding positions as ministers in the government.

The petition, filed on behalf of the activists, argues that the current practice of appointing MPs as ministers contradicts the fundamental principle of the separation of powers. The separation of powers aims to prevent the concentration of authority and ensure checks and balances within the government.

According to the petitioners, the Constitution emphasizes the independence of the three branches of government: parliament, judiciary, and the executive. They assert that each branch should function autonomously, without undue influence from the others.

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The crux of the petition lies in the contention that an MP simultaneously serving as the vice president, prime minister, or minister without resigning from their parliamentary position blurs the lines between the executive and legislative branches, violating the doctrine of the separation of powers.

Highlighting specific instances, the petition notes that the current vice president, Jessica Alupo, holds the additional role of Woman MP for Katakwi district, while the prime minister, Robinah Nabbanja, concurrently serves as the Woman MP for Kakumiro district. Numerous other MPs are also juggling dual roles as ministers.

George Musisi, the lawyer representing the petitioners, argues that MPs doubling as ministers receive double remuneration and allowances, constituting a financial burden on taxpayers.

“The records also indicate that the double benefits and emoluments such as vehicles, fuel allowances, and per diem for trips abroad is a wasteful expenditure and waste of taxpayers’ money contrary to public trust,” says Musisi.

The petitioners are urging the Constitutional Court to address the alleged violation of the constitution and ensure a harmonious co-existence of its provisions.

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