The Leader of Opposition, Mathias Mpuuga has told parliament that it was time for Uganda to rethink the election process of representatives to the East African Legislative Assembly -EALA, to ensure equity.
EALA is an organ of the East African Community –EAC established under Article 9 of the Treaty for the establishment of the East African Community. The Assembly has a Membership comprising nine members elected by each Partner State; ex-officio members consisting of the Minister or Assistant Minister responsible for the East African Community Affairs from each Partner State; the Secretary-General and the Counsel to the Community.
Currently, the Assembly has 54 elected Members; and 8 ex-officio Members totaling 62 members. Each of the East African Community member countries has to send nine legislators to the Arusha-based Assembly. The term of the current EALA members ends this year and elections are scheduled for December.
Ahead of next month’s elections, the ruling National Resistance Movement -NRM party in July resolved to maintain all its six incumbent representatives at EALA in recognition of their exceptional performance to continue their tenure for another term. The incumbent NRM members are; Mary Mugyenyi, Rose Akol, Stephen George Odongo, Denis Namara, James Kakooza, and Paul Musamali Mwasa.
On top of the six NRM candidates, the party in a recent Cooperation Agreement signed by President Yoweri Museveni and Democratic Party’s President General, Norbert Mao agreed to support the election of a DP candidate to EALA. Gerald Siranda, the DP Secretary General has already been nominated as the party candidate.
The Forum for Democratic Change -FDC nominated Harold Kaija as their candidate for the EALA race while Uganda People’s Congress -UPC nominated Fred Ebil.
According to Article 50 of the East African Community treaty, members are elected by their respective country’s national legislature. Article 50 also requires the said members to reflect their country’s political parties, opinions, gender composition, and other special groups.
“One of the issues that make us look like a pariah nation is how we manage our political differences,” Leader of Opposition, Mathias Mpuuga said in part. “Across East Africa, Uganda is the only country where the ruling party believes that they can have their own members and also choose for other parties.”
He noted that during a recent by-election in which former Kabula County MP, James Kakooza was elected to replace the late Mathias Kasamba, there was a matter on record to the effect that when elections arise, parties would sit to amicably discuss the issue of representation.
However, Mpuuga noted that for some reason and without a formula, the ruling NRM party believes that it is entitled to six members at EALA despite the changes in the political parties’ numerical strength in parliament. He said that it was time for Uganda to rethink the election process to ensure equity.
He wondered whether the EALA election was a ritual or a democratic process. Mpuuga noted that the National Unity Platform-NUP will only participate in an election where the rules and parties are respected.
Mpuuga’s statement followed a communication by Speaker, Anita Among in which she reminded all political party whips in parliament to ensure that their parties provide the House with nominated candidates for EALA.
She informed the House that the Clerk to Parliament had received names of candidates from other parties but not the National Unity Platform -NUP. On 12th May, 2022, the Clerk to Parliament, Adolf Mwesige communicated a roadmap for the election of members of the 5th East African Legislative Assembly -EALA to all Secretary Generals of political parties represented in the House.
Parliament then appointed and gazetted 19th and 20th September for the nomination of candidates.
Following Mpuuga’s query, Among said that they were going to discuss the issue of EALA exhaustively and that the election was to be carried out as per the treaty.
Ibrahim Ssemujju Nganda, the Kira Municipality member supported LOP Mpuuga saying that the process of electing members to EALA has been dominated by NRM to the disadvantage of others.
Asuman Basalirwa, the Bugiri Municipality MP also weighed in saying that the current Speaker, Among had in the past petitioned court in regard to equity in EALA elections. Among then said that her case regarding EALA elections would be considered during the discussion on the upcoming elections.
In 2013, the First Instance Division of the Arusha-based East African Court of Justice -EACJ ruled on a case by Anita Among, then an EALA nominated candidate of the Forum for Democratic Change -FDC challenging the legality of the then election of some Ugandan EALA members.
Among’s case challenged the rules of procedure saying that they were inconsistent with Article 50 (1) of the treaty since they did not cater for and guarantee representation in the EALA for each of the interest groups. The court then directed the Attorney General to cause an amendment to the rules of procedure to bring them into conformity with the Treaty prior to the next EALA elections.
Out of the 529 Members in the 11th Parliament, the Opposition has 108 legislators. NUP has the biggest number of Opposition MPs totaling 57, followed by FDC which has 31, Democratic Party- DP 9, UPC 9, JEEMA 1 and People’s Progressive Party- PPP 1. The ruling NRM party has the biggest representation in Parliament with 337 MPs.
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