[Ugnet] Opposition to Sue Government Over Referendum

Six mainstream opposition parties, the G6, are readying themselves for a legal challenge against the constitutionality of a referendum to decide the country's future political system.

But the Information Minister, Dr James Nsaba Buturo, said opposition politicians "are people who do not want the country to move forward."

"Our legal teams sat on Friday and resolved that there are very strong grounds to challenge its [referendum] legality in the courts of law. This time the G6 are moving together as a team," a member of DP's legal team, who declined to be named, said by phone yesterday. "The Constitutional Court declared the Movement system none functional... So we are changing from what system to what?"

This will be the first time the G6 is moving as a block to take on the government in court.In the past the Democratic Party (DP) and the Uganda People's Congress (UPC) filed separate petitions against the government.

The G6 includes; UPC, DP, the Free Movement, the Conservative Party (CP), Jeema and FDC.

The coordinating chairman of the G6, Mr Chapaa Karuhanga, said, "Our legal team is set to challenge the government politically and legally. We want to show the world what is going on in the country under Museveni."

Karuhanga said the G6 is contesting the legality of Parliament's action last week, which rescinded a motion to hold a referendum, which the government had lost by six votes.

DP chief Dr Paul K. Ssemogerere and his deputy, Mr Zachary Olum, successfully petitioned the Constitutional Court, which nullified the Referendum (Political Systems) Act under which the referendum was held on June 29, 2000.

But the government appealed to the Supreme Court, which ruled that the results of the 2000 referendum were valid but agreed that the Act, which set up the plebiscite, had been unconstitutional.

Last week, the State Minister for Gender, Mr Sam Bitangaro, moved a motion to rescind a decision reached by Parliament on April 21, which had defeated the referendum motion.

At least 189 MPs supported the motion, paving way for the motion to be re-introduced this week. The opposition MPs warned that court battles were inevitable because Rule 53(3) of parliamentary rules of procedure had been breached.

The rule reads: "It is out of order to attempt to reconsider any specific question which the House has come to a conclusion during the current session except upon a substantive motion for rescission."

The FDC Vice President, Ms Salaam Musumba (Bugabula), said her legal team has finalised discussions on how to proceed with the court action. She said the opposition would seek the interpretation of the Constitutional Court on the matter.

Buturo said on phone, "The government and an overwhelming majority of MPs were happy with the decision to hold a referendum and the proceedings in the House. Those who were not happy can go ahead and seek redress in court."

The FDC deputy coordinator, Mr Augustine Ruzindana (Ruhama), said it is a dangerous development when government cannot accept defeat. "It is dangerous when something like this happens and you do not challenge it. It means you have licensed it."he said.

He said G6 are finalising the documentation and would go to court as soon as possible.

If the opposition goes ahead with the court action, it will be yet another intriguing court battle between the opposition and the government.

[Ugnet] Opposition to Sue Government Over Referendum

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