“You Don’t Have The Authority To Sack Mpuuga As Commissioner” Speaker Among Teaches Bobi Wine The Law
The Speaker of Parliament, Rt. Hon Annet Anita Among, has rejected the National Unity Platform Party’s directive to recall Hon. Mathias Mpuuga Nsamba from the Parliamentary Commission, where they previously endorsed his appointment.
In her letter dated March 25, 2023, addressed to David Lewis Rubongoya, Secretary General of the National Unity Platform (NUP), she acknowledged receipt of the party’s letter dated March 18, 2023, recalling Hon. Mpuuga and appointing Hon. Francis Zaake in his place.
However, she explained that this action cannot be implemented as it violates the laws governing the August House.
“Parties lack the requisite legal mandate to recall a commissioner of Parliament once elected by Parliament. To do as you request would amount to fettering the authority vested in the House by the clear and unambiguous section5 of the Administration of Parliament Act resulting in undesirable legal consequences in line with the decision of the Constitutional Court of Uganda in Fox Odoi-Oywelowo and James Akampumuza Versus Attorney General, Constitutional Petition No. 8 of 2003.” Reads part of the letter.
The speaker also noted that once elected by Parliament, the commissioners so elected cease to serve individual party interests and serve Parliament as a whole. As such, they can only vacate the position or be removed therefrom in conformity with the law.
“Section 4 of the Administration of Parliament Act is clear that a member of the Commission shall cease to hold office on vacating his or her seat in accordance with article 83 of the Constitution. Section 5 is unequivocal on the grounds upon which a commissioner can be removed. It provides: Removal of a commissioner a member of the commission, other than the Speaker and the Leader of Government Business, may be removed from office by Parliament for inability to perform the functions of his or her office arising from infirmity of body or mind, misbehaviour, misconduct or incompetence.”
That, according to rule 110(2), the removal process of a commissioner involves initiating a motion for a resolution for the removal of a Commissioner through a written notice to the Clerk to Parliament, signed by no fewer than one third of all the voting members of Parliament, indicating their intention to remove the member.
In the present circumstance, this implies that with the total voting members of Parliament being 529, the notice must be endorsed by no fewer than 177 members of Parliament, which has not been accomplished.
“Your letter referred to above falls short of the requirements of rule 110 of the Rules of Procedure and accordingly, is incurably defective. The above not with standing, Honorable Mathias Mpuuga has neither vacated his seat as a member of Parliament in accordance with article 83 of the Constitution nor has he been, upon a motion moved in strict compliance with the rules of procedure, found guilty by Parliament for Inability to perform the functions of his office arising from infirmity of body or mind, misbehavior, misconduct or incompetence.” She added.
The identical letter has been sent to the office of the Leader of the Opposition, Ministry of Justice and Constitutional Affairs, office of the Deputy Speaker, and the Clerk to Parliament, all of whom have acknowledged receipt.