Professor Fredrick Ssempebwa, a former member of the 1995 Constitutional Commission, has criticised Parliament for failing to provide effective checks and balances on the executive.
Speaking at the second commemoration conference on constitutional governance, Ssempebwa noted that Parliament’s actions are now driven by sectarian interests rather than a commitment to holding the executive accountable.
“It’s simply that if the proposal is coming from the President, we members of the ruling party must agree to it at whatever cost,” Ssempebwa said, highlighting the lack of independence in Parliament. He emphasized that the Constitution had envisioned a different role for Parliament, one that would provide a strong check on the executive.
Ssempebwa pointed out that the decentralization system proposed in the Constitution has been undermined by the lack of financial capacity and autonomy for local government units.
“We had at the initiation of the constitution, 35 local government units or 36, something like that, and these were conceived as relatively sufficient for us to be able to play the role,” he said.
However, Ssempebwa criticized President Museveni for not walking the talk on the number of local government units.
“I saw him on TV last night complaining about the cost of districts. He had just said oh, it’s so expensive, we have too many districts and recently, the president has awarded new districts,” Ssempebwa said, referencing the President’s recent announcement on creating a new district in Oyam.
The conference, themed “Guardians of the Constitution: Strengthening Institutions for Democracy, Justice and Rule of Law,” brought together stakeholders to discuss the progress and challenges of Uganda’s constitutional governance.
The former Principal Judge of the High Court, Justice James Ogoola, emphasized the importance of the judiciary speaking its mind in judicial resolutions.
According to Justice Ogoola, the judiciary’s performance over the 30 years of the Constitution’s existence has been a “mixed bag.” He cited notable cases, including the presidential election petition of 2006, where the court was perceived to have failed in its duty to stand for the courage of its conviction.
In contrast, Justice Ogoola highlighted the constitutional court’s recent ruling on military jurisdiction over civilians, saying, “This time, the court means no words. It quickly, courageously, and succinctly ruled against military jurisdiction over civilians and compelled the state to immediately continue cases that were ongoing and turn them over to the appropriate civilian courts.”
Deputy Speaker of Parliament, Thomas Tayebwa, also expressed concerns about the number of members of Parliament, citing the high cost of administration in the country.
“We’ve had a very big debate on the issue of number of members of parliament, they also bother me because the cost of administration in this country, I want to be honest is extremely high,” he said.
The conference highlighted the need for institutions to work together to strengthen democracy, justice, and the rule of law in Uganda. As the country celebrates 30 years of its Constitution, stakeholders are calling for a renewed commitment to upholding the principles of good governance and accountability.