Justice Barishaki further rules that the attorney general failed to adduce any evidence to prove that their was public participation which is key to any constitutional amendment since no referendum was held there by parliament exceeding its authority to extend its term of office for more 2 years from five to seven.
Justice Barishaki kicks off judgment on the age limit
By Sania Babirye
Justice Barishaki is delivering his judgement on the MPs extension of their term of office from five to seven years and that of local government councils.
He is quoting the a legislative history of Uganda and the Uganda Constitutional commission of 1995 report by Prof.Sempebwa for proper guide line.
He says he takes the recommendations into account for proper guidelines.
He states as a result public participation is very important for proper affairs of the country.
Sepebwa report explains that peoples views on the enlargement of term of MPs and LG officials is an indirect way of holding office without consent and will from people since the first contract was to hold office for only 5 yrs.
On the historical parliamentary chaos, he observes that these events rolled out because the members of parliament did not listen to the speaker as the head of the house.
He adds that parliament tried to evade the people’s powers and the amendment and its sections are null and void.
The extension was selfish and is against the principles of good governance.
He adds that if it was dine in good faith it should have been made in the coming 2020 general elections.
Justice Cheborion has ruled that the speaker of parliament acted within the law when she suspended the opposition MPs from the house and that if they had respected the speaker when she called the house to order the violence inflicted on them by military police would not have happened.
Justice Barishaki further rules that even though Mps have a right to participate in each and every debate, the speaker had the powers to throw out an MP who conducts himself In manner that disrupts debate.
Mps had started throwing chairs and parliament staff had been injured, an MP had entered the chambers with a gun .therefore Cheborion rules that the involvement of army was justified since it was a state of emergency.
He says that the MPs engaged in misconduct and the military police had to be called in to assist the parliament security that had been overpowered by the rioting MPs at the invitation of the speaker.
He however says that the military police used excessive force and the process subjected the MPs to inhumane and degrading treatment.
He also rules that the Mps arrest and detention was uncalled for since the speaker only ordered that they be removed from the chambers of Parliament.
He rules that parliament was not besieged as alleged by the petitioners since the military police was only there at the invitation of the Sergent of arms to contain the riot.
Judge says no evidence to show that the said directive or violence on the MPs affected country wide consultations which would lead to the nullification of entire bill.
On the private Members bill to be funded by government: Justice Barishaki has ruled that it did not have a financial implication on the consolidated fund and that the bill was budget neutral.
He explained that it is not unconstitutional for a private members bill to be funded by government and just because it had the name Rapheal Magyezi bill it did not make it a private bill .
Justice Barishaki has also explained that the 29 million shillings that was each given to MPs for consultation did not have a financial implication since the clerk of parliament testified that it had been budget for by parliament.