On Friday, September 6th 2013, the Constitutional Court directed that the 4 MPs who were expelled by the National Resistance Movement (NRM) stay out of Parliament until the main petition filed by the NRM is determined.
A ruling has not yet been made as of yet but in the mean time the court has just slapped an injunction on the MPS barring them from accessing the premises of parliament. An Injunction has gotten the whole clan celebrating? May be someone needs to tell us whether the injunction shares the same recipe with the yet to come judgment but may be known. An injunction does not declare anyone guilty but takes away your rights.
However, I found this comment from Hon.Erias Lukwago very good: ‘……….the purpose of a temporary injunction is to preserve the status quo pending determination of the issues in controversy’. Obviously the status quo that should be preserved here would be to keep the MPS in the House pending determination of the main petition. The rationale for this time tested legal principle is to avert an absurdity in case the main is decided in favour of the MPS. This is because court has no powers to order their return to the house in case they win the main petition. The other principle is balance of convenience. So, the current injunction is rather ridiculous and calls for in-depth research.
The court ruling today is a result of an injunction filed by the NRM lawyers to stop the said MPs from accessing parliament until this case is disposed of by the Constitutional Court. It does not in any way impute that the MPs cannot retain their seats. But who profiteers from Mps earning salary when they are not in parliament or doing their work? What happens of the electorate who voted them including Non NRM members?
The whole aim of the Constitutional Court is to help parties that fail to agree on a matter of constitutional nature to seek for interpretation as to what the framers of a particular clause actually meant at the time of debating ad promulgating the constitution. Most often it’s about interpreting language. Language has a tone and an intention. And clearly if one re-reads Article 83(i) g of the Constitution which says, ” if that person leaves the political party for which he or she stood as a candidate for election to Parliament to join another party or to remain in Parliament as an independent member,” you can clearly see that the framers of the constitution did not cater for “forced leave.” And I don’t see how the Hon Speaker erred because the constitution is not clear cut on the rebel MPs context.
Hon. Kadaga can never be put down. She did the most honourable thing and we all celebrate her bravery for standing up against all those ‘men’ who think that they own the world. I think she is getting the Constitutional Court to pronounce itself on the matter, so it has nothing whether she has been beaten or not.
The Minority ruling of Justice Remmy Kasule is an indictment on the other 4 Justices of the Constitutional Court. They are, Kasule says, impartial, unfair and based! Hon. Justice REMMY KASULE Blasts fellow Justices in his dissenting Ruling to the suspension of the Rebel MPs from the House. Excerpts of his ruling states:-
“With the greatest respect, I find the approach being adopted by my most Honorable brothers & sister justice of this court, to be prejudicial, pre- judgmental and contrary to the duty imposed upon this court, not only to act, but to appear to be acting impartially. The duty to act impartially is imposed in Art 28(1) of the constitution … and the language of the Judicial Oath … mandates every judicial officer…. to act without fear or favour, affection or ill will.” Pg. 7-8
The Majority is not always right, may be that one judge is the one right!! This is a Clear manifestation that this gov’t is one man’s show. The constitution is working for expelled mps only. Where was that constitution when Museveni reappointed Odoki as chief justice? M7 the protagonist like any other movie star emerges and will emerge victorious regardless of the means. Genius or devil or both? Will the courts stop them from contesting? Just a waste of our money due to one man’s ego!!!!!
Justice Kasule’s ruling had substance, quoted precedents even set by Justice Kavuma in his previous ruling. he even reminded them about the Judicial Oath they took.Justice Remmy Kasule went ahead to state that he did not expect his four colleagues to deliver a judgments that is absurd.He says “the duty imposed on this court by Article 28 (1) is to ensure right to fair hearing. The effect and import of 28 (1) which is non derogable under article 44, as to the essentiality of impartiality of a court of law, is further manifested in the language of the judicial oath that every judicial officer subscribes to. For the Above reasons i decline to entertain the issue of granting a temporary injunction.”
When he was (KASULE) reading his ruling,majority in court we smiling, he put those 4 judges in a trash.The judges in this case are so questionable: Justice Steven Kavuma: is one of the NRM founder member and Promoter, former Minister of State for Defense, alternatively Known as an NRM cadre;
Justice Richard Buteera: Former DPP, a man once suspended by his professional peers, the Uganda Law Society, for professional incompetence. A man who sanctioned such frivolous vexatious and potentially fetal charges as Treason, Concealment of treason and rape on Presidential candidate Kiiza Besigye in 2005 basing on forged records and non existent persons and organizations, thereby ensuring that KB spends almost all campaigning time in Luzira while Candidate Museveni of NRM was busy campaigning; (It is also worth noting that for all these charges KB never took the stand to defend himself, and the treason case fell apart when it was revealed that the star witness- that lady with a massive headgear, was being coached on what to say- all presided over by our Honorable Buteera);
Augustine Nshimye: founder member and promoter of NRM party; and Faith Mwondha: She of the IGG fame, a Judge who failed to sustain her charges against The Daily Monitor who had accused her of pocketing 2 salaries;
The 4 “Honorable Justices” have ruled to block the “rebel NRM” legislators from participating in parliamentary business.
In the minority was Justice Remmy Kasule who ruled that the action was not proper.
Any surprises here? These are just Just NRM Moles hiding in the judiciary.As Allan Barigye would say:’Obuhangazi bwembeba bukagiriisa enkuru za Kapa’…..Roughly translated as: the longevity of the rat enable it to eat the cat’s hide. M7’s balance sheet in both quality and quantity is very dismal, especially if you take into account the time he’s spent in power and the fact that the three main contenders: Obote and Amin did what they did without plunging into debts.