For some of us who value the image of our country and its institutions, and wish to seeUgandagrow a decent democracy, the saga of the East African Legislative Assembly (EALA) elections in Parliament on May 30, 2012 was most painful.
In the joy that the National Resistance Movement (NRM), Uganda Peoples Congress (UPC) and Uganda’s oldest opposition party, the Democratic Party (DP) had, and the anger of the Forum for Democratic Change (FDC)- the official opposition party in Parliament- reflected by the leader of opposition in parliament’s suspension of non-FDC shadow ministers, and the Speaker’s satisfaction on a job well done, much require urgent review.
As former leader of opposition in parliament myself, I (Professor Ogenga Latigo) saw Honourable Nandala Mafabi (who is the leader of opposition in parliament) caught in the same web I used to face – of resolving the demands of FDC generated outside Parliament with the realities in the House.
Mafabi, as leader of opposition in parliament his duty was to negotiate as much compromise on EALA representation as possible and to advise his party on all perspectives to allow it chart a calm way forward, including accepting unpalatable compromises. That this did not happen is a normal challenge of leadership.
In the recent EALA election, NRM politics was to further divide and weaken the opposition. Given the stakes, the counter strategy should have been for FDC to compromise with UPC and DP, even if it meant sharing the three non-NRM slots. After all, in Arusha, there is no particular advantage to any party in the number of EALA members they send since, once there, these members collectively represent their country and none has so far betrayed that duty.
Secondly, in acting against the non- FDC shadow ministers in the House, the leader of opposition in parliament did not exercise prudence and perhaps overstepped his boundaries.
Since it was obvious that the ruling party (NRM) was using EALA to divide the Opposition, Mafabi, who as leader of opposition in parliament must live with the division for the rest of his tenure, should have done everything to prevent it.
But he added fuel to fire by the sacking of UPC and DP ministers. It is also a fact that the working relationship between the Opposition parties in Parliament is not forged in the House. These are strategic policy actions formulated and agreed upon by party organs outside Parliament.
The leader of opposition in parliament and House party leaders are merely implementers who must refer to their party headquarters for major decisions. Speaker Rebecca Kadaga was right that participation of opposition parties in the shadow cabinet was a matter for the parties outside Parliament. Be as these may, the sins of Mafabi in this saga are not as grave as those of the Leader of Government Business, Amama Mbabazi, who played his smart politics, and Speaker Kadaga who presided over the matter.
With all due respect, these two distinguished lawyers should have been more judicious in their leadership of Parliament, particularly in respect to two aspects of the EALA elections. First is the exclusion of FDC- the Official Opposition- from EALA representation, both in law and in reality, when in the last Assembly the opposition was represented solely by FDC as Uganda’s official opposition. Before the East African Court of Appeal, how does the NRM plan to defend the absurdity of excluding the official opposition from EALA given their retention of six slots for themselves on account of their numbers and status as the ruling party? For maturity in political compromise and even just show of respect for the EA court to which FDC had turned, and in recognition of the reality of “Official Opposition” in our laws, why didn’t the Speaker advise, and the NRM agree, to reserving one EALA seat for the official opposition- and not just FDC- pending outcome of the court process? Second is the matter of EALA representation of Independents that surprisingly the NRM supported in spite President Museveni’s reservation about them.
The fact of the matter is that each Independent MP is a distinct entity in Parliament just as Ken Lukyamuzi and Hussein Kyanjo who represent their parties are. Where then, and under what provisions of the law, do these individuals gain the collective standing to warrant Parliament’s reservation of an EALA seat for them when it refused to reserve a seat for the official opposition? More importantly, independents are elected to Parliament on an individual merit system as was under the Movement system.
Although our Constitution provides for their election, the same Constitution is also categorical that while the multiparty political system is in operation the no-party individual merit system is in abeyance. How then do government and Parliament justify in law this strange slot for the “independents”? Why did the Speaker not guide Parliament to debate this matter to an objective end?
With these, Ugandans must brace themselves for a long drawn out battle over EALA, and a possible national embarrassment in the EA Court of Appeal. This just because our leaders are too selfish, opportunistic and vein to act for the greater good of our country.
Prof. Ogenga-Latigo is former Leader of Opposition inUganda’s 8th Parliament.