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--- Begin Message ---When Binaisa chased chiefs from Lukiiko
Weekly Observer 30th September 2004
On May 27, 1966, a week after Prime Minister Apollo Milton Obote ordered the invasion of the Lubiri, the Attorney General Godfrey Binaisa (later president) presented to Parliament the Constitution (First Amendment) Bill in which he sought to control kingdom activities. One of the key things was to bar un-elected leaders from kingdom legislatures, more or less the position of the current government visa-a-vis traditional leaders.
Mr. Godfrey Binaisa: I beg to move that the Constitution (First Amendment) Bill 1966 be read a First Time.
Minister of Commerce and Industry, Mr. C. J. Obwangor: I beg to move that Standing Order 60 (1) be suspended to enable the Constitution (First Amendment) Bill 1966 and the Public land (Rents and Profits) Bill 1966 to be read a Second Time earlier than 14 days after their publication.
Mr. Aloysius K. Balinda secondedMr. Latim: This Bill has just been received, and at least as far as the amendment on the Constitution is concerned, I do not see why Parliament debate it at all since the main Constitution itself has not been debated by this Parliament, it was imposed. This bit of it should just come in and we should say, “be it adopted and it is hereby adopted,” and we should not have members debating it in any way. Anyway the procedure, once more, is very strange.
Mr. Omadi: I do not see the reason why we should oppose this, because it is self-evident we are now working for progress, there is no time to waste. If he has got much time to waste, it is up to him to go and sit and read this, but we have every confidence that what is being done is for the good of the common man who has for a long time been suffering.
Obwangor: All that my motion seeks is to suspend Standing Orders 60 (1) so that the House dispatches public business for which it has been summoned to do.
Question put and agreed to
Binaisa: Let me point out that the Constitution already provides that persons who are neither elected nor Specially Elected Members have no right to sit in the legislatures of kingdoms or district councils, which means that our friends, the Saza chiefs are already disqualified and that civil servants have got to go back to the field and carry out Government policy and leave the legislatures for the elected representatives of the people. That is why those dignitaries who continue to sit in those assemblies will continue doing so at their own risk of being liable to a penalty of Shs 1,000 each day they sit in such an assembly (laughter), or to a term of imprisonment of six months for each day they sit.
We have also provided a penalty of a sum not exceeding Shs 2, 000 or a term of imprisonment not exceeding one year for persons sitting or voting in the National Assembly who are not entitled to do so.
Let me also make it absolutely clear that the former nominated members in the regional assemblies of kingdoms or district councils will also suffer the penalty if they continue sitting or voting in those assemblies. The fine and the terms of imprisonment are consecutive, which means that if a person who is not entitled to sit in the Lukiiko does sit in the Lukiiko for three days, he will personally be liable to paying a penalty of Shs 3,000 or face a term of imprisonment of 18 months.
Clause 80 of the Constitution has also been amended by providing that the minister responsible for Police shall have power to take over any Police station operated by the government of a kingdom or a district as he may see fit to do so in the public interest. This tallies with the powers that have been given to ministers who control social services, such as education and health, who have powers to issue statutory instruments to take over all services that they consider should be taken over from kingdom governments or districts.
No privileges for lukiiko
Turning to the privileges of members of the assemblies of kingdom; and district councils, I must say here, Mr. Speaker, that recognising the fact that this is the supreme law-making body in the independent sovereign state of Uganda, it is only these members of this honourable House who shall hence forth enjoy privileges.
Privileges of a supreme Parliament cannot be shared by any other body, which is subordinate to this Parliament. I think honourable members will agree with me that this is something that they have to guard very jealously.
Turning again now to the Schedule to the Constitution, that is to say, the constitutions of the kingdoms, we have provided that in the event of a ruler of a kingdom, or even for that matter, a constitutional head of a district neglecting or refusing to perform those functions that are allocated to him under the Constitution, the minister (and when I say the minister I mean the minister of the Government of Uganda) shall, after giving him the appropriate notice, execute any documents and once he has done so it shall be deemed to be the act of the ruler.
I must, however, point out, Mr. Speaker, that when the minister performs this function, he shall not prejudice any other customary ceremony.
Buganda
I come now to the Schedule for Buganda.“(7) Where the Kabaka is required by this Constitution to do any act or to act in accordance with the advice of any person or authority, and after a reasonable time it appears that he has neglected or declined to do so, a minister of the Government of Uganda may, acting in accordance with the advice of the Cabinet, inform the Kabaka that it is the intention of the minister to do that act himself after the expiration of a period to be specified by the minister, and if at the expiration of that period the Kabaka has not done that act, the minister may do that act himself.
An act done by the minister in pursuance of the provisions of clause (7) of this article, shall be deemed to have been done by the Kabaka and to be his act.(9) Notwithstanding any other provision of this Constitution, no act of the Kabaka shall be valid to the extent that it is inconsistent with an act deemed to be his act by virtue of the provisions of clause (7) of this article.”
“(2) Notwithstanding anything to the contrary contained in this article, the Katikiro and the persons selected for ministerial offices may enter upon the duties of their respective offices, notwithstanding the fact that the Kabaka has not handed the Ddamula to the Katikiro and in respect of the other ministers he has not received their homage and allegiance in customary form in respect of their offices.” This is to make the whole process more democratic, but it is without prejudice to any traditional ceremonies that may be necessary, if the Kabaka so wishes.
No Mengo attorney general
Article 18: The whole article goes. This is in respect of the Attorney General of Buganda. It is the considered view of the Uganda Government that there must be only one Attorney General for the whole country. (Hear, hear!) The
existence of another Attorney General anywhere else in Uganda is completely unacceptable and is not in conformity with the present trend of thinking in Uganda.He therefore goes and wherever his name or the words “Attorney General, Buganda” appears goes accordingly. And here I must also point out to honourable members that the Solicitor General of Buganda goes, the registrar and magistrates and judges are now going to be integrated into one unified court system for the whole country. (Hear, hear!). They shall henceforth be appointed by the Judicial Service Commission of Uganda.
They do not need to worry very much because both of them who are qualified or partially qualified will be easily assimilated. The present holder of the office of Attorney General, Buganda, I think can be usefully employed elsewhere.
“(2) Any person who sits or votes in the Lukiiko knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a penalty not exceeding one thousand shillings for each day on which he so sits or votes in the Lukikio.” This, as I have indicated before, Mr. Speaker, is consecutive, cumulative.
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