Talk about being caught between a rock and a hard place!!! It would be interesting to
see how this events unfold!!
MK
New Constitution Bill Goes to House
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New Vision (Kampala)
July 10, 2004
Posted to the web July 12, 2004
Kampala
THE Cabinet has introduced a Bill to amend Article 90 of the Constitution which partly
contributed to the nullification of the Referendum (Political Systems) Act by the
Constitutional Court last month.
Felix Osike reports that the two-page Bill, the Constitution (Amendment) Bill 2004,
was gazetted on July 2 and seeks to repeal and replace Article 90 which spells the
functions of parliament committees.
The Bill signed by justice minister Janat Mukwaya will be tabled in the House next
week, sources said.
Under the 1995 Constitution, only standing committees can handle Bills before they are
debated in the plenary. If Article 90 is not amended, the House Rules committee,
chaired by Ben Wacha, would consider and scrutunise the much-awaited Constitution
Amendment Bill. The Bill is expected to introduce reforms including change of
political system and the lifting of presidential term limits.
But if the new Bill goes through, the sessional committee on legal affairs chaired by
Jacob Oulanyah would take charge of the constitutional amendments.
When the new parliamentary session started last month, Movement MPs rushed to control
the legal affairs committee, thinking it would consider the upcoming amendments. The
nullification of the Referendum Act brought a new twist.
The Constitutional Court ruled that in passing the 2000 Referendum Act, Parliament
committed a "fatal error" by failing to submit the Bill to a standing committee.
The judges said although Makindye West MP Nsubuga Nsambu pointed out the mistake in
the Sixth Parliament, the confusion continues and that could be dangerous.
Standing committees, which have the power of as high court, serve for five years while
sessional ones are appointed at the beginning of every session, which normally runs
for a year. A Bill must go through a standing committee before it is passed.
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This is the second time the Government is introducing amendments to Article 90.
The new Article 90 will read, "The committees of Parliament shall include, the
committee of the whole House, standing committees, sessional committees, select
committees, ad hoc committees and such other committees as may be necessary for the
discharge of the functions of Parliament."
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