Tuesday, 17 May 2016

The mockery swearing in of Kiza Besigye as the President of Uganda shows how greed for power can make many people go against the national constitution.
according to the constitution of Uganda,

34. (1) There shall be a Supreme Head and Commander in Chief of Uganda who shall be known as the President of Uganda and who is referred to in this Constitution as the President.

(2) The President shall, subject to the provisions of section 123 of this Constitution, take precedence over all persons in Uganda and shall not be liable to any proceedings whatsoever in any court.

(3) The President shall be exempt from direct personal taxation and no property held by him in his personal capacity shall be compulsorily acquired or compulsorily taken possession of.

(4) The President shall receive such salary and allowances, and on retirement such pension, gratuity or other allowance, as may be prescribed by Parliament.

(5) The salary and allowances payable to the President and any pension, gratuity or other allowance payable to him on retirement shall be a charge on the Consolidated Fund.

(6) Before assuming office the President shall take and subscribe the oath of allegiance and such other oath (if any) as Parliament may prescribe.

35. (1) There shall be a Vice President of Uganda (referred to in this Constitution as the Vice President) who shall perform the functions and have the privileges of the President (luring any period when

(a) the President is absent from Uganda or is for any reason unable to perform the functions of his office; or


(b) the office' of the President is vacant.

(2) The Vice President shall receive such salary and allowances, and on retirement such pension, gratuity or other allowances, as may be prescribed by Parliament.

(3) The salary and allowances payable to the Vice President and any pension, gratuity or other allowance payable to him on retirement shall be a charge on the Consolidated Fund.

(4) During any period when the Vice President is required by subsection (1) of this section to perform the functions of the President and either

(a) the Vice President is unable to do so by reason of absence from Uganda or for any other cause; or


(b) the office of the Vice President is vacant,

those functions shall be performed by the Chief Justice.

(5) A person required by this section to perform the functions of the President shall before commencing to perform those functions take and subscribe the oath of allegiance and such other oath (if any) as Parliament may prescribe.

36. (1) Subject to the provisions of this section, the President and the Vice President shall be elected in accordance with such procedure as may be prescribed by Parliament from among the Rulers of the Federal States and the constitutional heads of the Districts by the members of the National Assembly for a term of five years.

(2) the term of office for which the Vice President is elected under subsection (1) of this section shall be deemed to expire at the same time as the term of office for which the President is elected under that subsection expires.

(3) The President or the Vice President may at any time be removed from office by a resolution of the National Assembly which is moved either

(a) by the Prime Minister; or


(b) by a member of the Assembly other than the Prime Minister who satisfies the Speaker that not less than one-half of all the members of the Assembly have signified in writing an intention to vote in support of the resolution,

and which is supported by the votes of not less than two-thirds of all the members of the Assembly.

(4) Where a vacancy occurs in the office of the President or the Vice President otherwise than by reason of the expiry of the term for which the holder of the office was elected, the person elected to fill the vacancy shall hold office for the remainder of that term, and not for a term of five years.

(5) The President or the Vice President may at any time resign his office by writing under his hand and addressed to the Prime Minister.

(6) A person who has vacated the office of the President or the Vice President may be elected or re-elected to either of those officers, if qualified, in accordance with the provisions of this Constitution.

A recent comment about Uganda encouraged me to include a separate entry rather than just a reply.

According to my information, Uganda became semi-presidential in 2005 following a constitutional amendment. However, it is clearly one of those cases that is at the cusp of the definition. Please correct me if I have interpreted the constitutional situation in Uganda inaccurately.

The current constitution of Uganda dates back to 1995. There is provision for the direct election of the president (Art. 103) for a fixed term (Arts. 105 and 107). In the 1995 version, there was mention of individual ministerial responsibility to parliament, but not collective cabinet responsibility (Art. 118). Also, there was no mention of a prime minister. Instead, there was mention of a vice-president (Art. 108). So, in 1995 the Ugandan constitution was clearly presidential.

In 2005 The Constitution (Amendment) Act was passed. It changed many articles of the constitution.

Article 108A (1) now reads: “(1) There shall be a Prime Minister who shall be appointed by the President with the approval of Parliament by simple majority from among members of Parliament or persons qualified to be elected members of Parliament.

Thus, in theory at least, parliament could withhold its support of the president’s choice of prime minister.

Article 108A (3) reads: “(3) The Prime Minister shall, in the performance of his or her functions, be individually accountable to the President and collectively responsible for any decision made by the Cabinet.”

In 2005 The Constitution (Amendment) Act was passed. It changed many articles of the constitution.

Article 108A (1) now reads: “(1) There shall be a Prime Minister who shall be appointed by the President with the approval of Parliament by simple majority from among members of Parliament or persons qualified to be elected members of Parliament.

Thus, in theory at least, parliament could withhold its support of the president’s choice of prime minister.

Article 108A (3) reads: “(3) The Prime Minister shall, in the performance of his or her functions, be individually accountable to the President and collectively responsible for any decision made by the Cabinet.”
with these Kiza Claiming that elections were rigged should follow the right track that is the court process.