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 seconded
Mr.
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. _______________________________________________