The Supreme Court has consolidated three appeals challenging the
constitutional court decision that ordered for the dismissal of six Members of
Parliament of the newly created municipalities.
Among the consolidated appeals, one was filed by the Electoral
Commission, another by the Attorney General and the third was jointly filed by
the six MPs.
In the appeal, the Electoral Commission and the Attorney General contended that
the Municipalities were duly created by a parliamentary decision and as such,
the Judges erred in law and fact by deciding for dismissal of declaring the
said constituencies as non-existent.
The legislators on the other hand also contend that the constitutional court
Judges erred in law and fact by deciding to dismiss them without being accorded
a right to a fair hearing.
The panel of seven Supreme Court Justices ordered that the three
appeals are consolidated into one such that it is expeditiously heard. The Justices are Dr Esther Kisaakye,
Opio Rubby Aweri, Faith Mwondha, Ezekiel Muhanguzi, Stella Arach Amoko, Mike
Chibita and Paul Mugamba.
The justices resolved that the hearing will be on September 22
The Commission’s lawyer Eric Sabiiti says that they delayed filing
their memorandum of appeal due to the effects of the lock-down.
//Cue in: “We were supposed…
Cue out: …wasting court’s time”. //
//Cue in: “ rero koti esazemu ….
Cue in:…tuziwulile olunaku lumu”.//
Last year, the former Bufumbira East MP, Eddie Kwizera challenged the
legality of some constituencies created after the 2016 general elections. Kwizera argued that the six constituencies
were illegally created by parliament and asked the court to declare them null
Kwizera's petition affected six MPs who include Patrick Ocan, the Apac Municipality Member of Parliament, Elioda
Tumwesigye, for Sheema Municipality, Tarsis Rwaburindore Bishanga, for Ibanda
Municipality, Hashim Sulaiman, for Nebbi Municipality, Asuman Basalirwa for
Bugiri Municipality and Peter Abrahams Lokii for Kotido Municipality.
A panel of five constitutional court Judges comprising Alfonse
Owiny Dollo, Kenneth Kakuru, Egonda Ntende, Cheborion Barishaki and Christopher
Madrama agreed with Kwizera and ordered the MPs to vacate parliament.
The Electoral Commission was also ordered to pay half of the total
costs to Kwizera for inconveniences caused to the six MPs.
Last month the Supreme Court ordered that the affected MPs should
still be in parliament pending the determination of these appeals.