Sunday 15 May 2011

NRM moves to scrap Constitutional bail


President Museveni made the first pronouncement of the amendment last weekend. President Museveni made the first pronouncement of the amendment last weekend. PHOTO ISAAC KASAMANI 
By Sheila Naturinda   (email the author)

Posted  Sunday, May 15 2011 at 00:00

The new NRM MPs for the Ninth Parliament have been tasked to ensure the Constitution is amended to deny bail to any rioters and those described as economic saboteurs.
President Museveni, while meeting his party’s newly-elected legislators at his Entebbe residence on Saturday night said he wanted the amendment to be considered seriously before any other business of the House.
Most critics have described the yet to come Bill on the constitution amendment as a one-man law; aimed at stiffling dissenting opinions, especially from opposition leader Kizza Besigye and his co-protesters, whose now four-week long walk-to-work protests, have rubbed the President the wrong way.
The Ninth House members will be swearing-in from tomorrow until Wednesday and then commence business the next day - the day a new Speaker and a deputy will be elected by the whole House.
Sources, who attended the closed-meeting, told this newspaper that Mr Museveni told the new MPs that he was not
comfortable with rioters anymore and they deserved to be behind bars.
“He told us to support the constitutional amendment for denying bail to such people who go on rioting. He, however, also named murderers, rapists and economic saboteurs,” an MP, who attended but preferred anonymity, said.
Mr Daudi Migereko, the chairman of the caucus, also confirmed to Sunday Monitor that there would be no more bail for such people whose crimes Mr Museveni defined until they spend 180 days in jail.
“These were ideas which the President came up with and we formed a committee to study them and report back before the amendment is brought to the House,” Mr Migereko said.
Not Besigye
“The amendment is not aimed at Dr Besigye but President Museveni has been raising these matters for a long time. Rape, murder and economic saboteur are crimes which we want to rule out.”
The caucus formed the committee of legal brains chaired by former Security Minister and NRM’s Secretary General Amama Mbabazi, Adolf Mwesige (Bunyangabu), Peter Nyombi (Nakasongola) Jacob Oulanya (Omoro MP-elect) and Elizabeth Kalungi (Kanungu MP-elect).
Sources said Mr Oulanya told the President those persons, who also abuse their bails and re-commit the same crimes, should be denied bail completely.
Sources also said Mr Nyombi, also candidate for speakership, suggested that the Parliament must make a new law stringent on demonstrations and protests.
And although Mr Museveni did not define who an economic saboteur is, Mr Migereko said the committee will define it and give instances when one is considered as such.
In Uganda, bail is a constitutional right provided for under Article 23 (6) (a) of the 1995 Constitution. It provides that a person arrested in respect of a criminal offence is entitled to apply to the court to be released on bail and the court may grant the same on such conditions as the court considers reasonable.
Specifically under Article 23 (6) (b), it is provided that in case an offence is triable by the High Court, if the person has been remanded in custody in respect of the offence for 60 days before trial, that person shall be released on bail.
In his last media briefing at his country home in Rwakitura on Wednesday, President Museveni announced those plans to amend the Constitution to deny bail for murder, rape, treason, defilement and riot suspects as well as economic saboteurs until they serve a mandatory 180 days on remand.
Mr Museveni said then that he would immediately introduce the Bill for the constitutional amendment to “discipline” individuals disturbing the country’s economy.
Some MPs, however, returned from State House meeting annoyed over what they called “a un necessary amendment on the Constitution”. But Mr Migereko said none of the aggrieved legislators stood up to challenge the President on the matter, which means that the whole caucus unanimously agreed to the proposals.
The amendment, if passed, will be one of the most controversial ones, rivalling the 2005 Parliament amendment on the Constitution which saw term limits erased creating avenues for life presidency.
The caucus meets again today afternoon to vote Speaker and deputy, a candidate whom the party will front for the race before the whole House. Ms Rebecca Kadaga is the only candidate officially campaigning to be Speaker of the Ninth Parliament although NRM sources indicate that incumbent Speaker Edward Ssekandi still wants the job.
Whoever will win the ballot in today’s caucus voting will face FDC’s Nandala Mafabi on Thursday, while the same caucus will have to choose from among Mr Niwagaba, Nyombi and Oulanya a candidate for deputy speakership.

No comments:

Why cows may be hiding something but AI can spot it

  By Chris Baraniuk Technology of Business reporter Published 22 hours ago Share IMAGE SOURCE, GETTY IMAGES Image caption, Herd animals like...