A military coup cannot be justified
SOURCE: THE DAILY MONITOR, 26 JANUARY 2013
http://www.monitor.co.ug/OpEd/Commentary/A-military-coup-cannot-be-justified/-/689364/1675040/-/p55kp1/-/index.html
In Summary
Nobody ever dreams of using snakes to manage a rat
problem because much as snakes can effectively control a rat population,
snakes are also very dangerous to human beings and domestic animals. It
is so obvious but sometimes absurd examples make the best illustration.
Imagine for a moment that your house had been
invaded by rats, eating your food and destroying your property. If the
rats were resistant to poison and wise to traps what would you do? Would
you buy a cat? What if the cat was no good at hunting or was simply
overwhelmed by the number of rats, what would you do? Would you buy some
snakes? Snakes eat rats and can slither into the tiny nooks and
crannies that a cat can’t reach. So surely it would make sense to use
snakes to eradicate the rodent problem once and for all, wouldn’t it?
Would it make a difference to your answer if the infestation was
outdoors on a farm?
Nobody ever dreams of using snakes to manage a rat problem because much as snakes can effectively control a rat population, snakes are also very dangerous to human beings and domestic animals. It is so obvious but sometimes absurd examples make the best illustration.
Over the last year or so, there has been tension between the 9th Parliament and the Executive. Although Parliament overwhelmingly comprises of members of the National Resistance Movement, on a number of occasions it has defied the express wishes of the President, Cabinet and the NRM Caucus. Led by a group of “Young Turks”, Parliament started exhibiting an “independent” streak with its fight against corruption, which led to the resignation of a number of Ministers and culminated in a pitched battle, as it were, in the famous Oil Debate. The tensions increased following the mysterious death of Cerinah Nebanda. A move to petition the Speaker to recall Parliament to debate Nebanda’s death was opposed by the Executive. It was halted when the Speaker declined to act on the petition.
The provisions of the Constitution, which is the supreme law of Uganda with binding effect on all persons and authorities, are very clear when it comes to setting out the functions and powers of the Executive and the Legislature, respectively. It is clear, that in a number of actions and utterances, some MPs have violated or acted in contravention of the Constitution. Perhaps out of an over enthusiastic interpretation of their oversight role, some Parliamentarians have encroached on areas that are constitutionally the preserve of the Executive or the Judiciary. On occasion, Parliamentary Committees have violated the constitutionally guaranteed rights of persons who have appeared before them. The behaviour of Parliament, as a whole, and individual MPs is subject to the law. The Speaker and the Parliamentary Commission can lawfully punish indiscipline using mechanisms and powers set out in the rules of Parliament. MPs are also politically answerable to their parties and constituencies. Party whips, in the first instance, and executive committees can lawfully bring political consequences to bear on any MPs deemed errant and out of line. Constituents can also democratically discipline an MP by voting him or her out in a general election. Ultimately, if any MPs or Parliament as a whole does anything that is inconsistent with or in contravention of the Constitution, then any person may petition the Constitutional Court for a declaration to that effect and redress where appropriate.
I am sure that the Executive has come to consider the 9th Parliament a little bit like a rat infestation. However, absolutely nothing said or done by any one or all of the MPs can justify the threats of a military takeover that have been attributed to President, Museveni, the Minister of Defence, Dr Crispus Kiyonga or, lately, the Chief of Defence Forces, General Aronda Nyakairima. A military takeover would amount to the overthrow of the established constitutional order and would be tantamount to treason according to Article 3 of the Constitution. The same article enjoins every Ugandan to defend the Constitution and, in particular, to resist any person or group of persons seeking to overthrow the established constitutional order.
Uganda’s experience with military takeovers, starting right from 1966, has not been pleasant. They set off a chain reaction of political and constitutional instability, which engendered tyranny and oppression and which, in turn, led to conflict and massive loss of life. The framers of the 1995 Constitution intended this Constitution to be the foundation of a lasting liberal democratic constitutional dispensation. In this dispensation everybody is equal under the law. All constitutional and other disputes incapable of amicable resolution must be resolved by resort to Courts. Political disputes must be resolved lawfully in the political arena by putting matters to the vote in general elections or referenda.
The Constitution does not condone or countenance any resort to violence to solve constitutional or political problems. A military takeover would also be totally disproportionate to any violation of the Constitution or political annoyance allegedly committed by Parliament; in short, much like using a snake to deal with a rat infestation.
In light of Uganda’s blighted and blood soaked history, whilst Parliament should be mindful of the constitutional constraints upon it, coup threats should be as socially and politically illegitimate as apology for genocide is in Rwanda today.
Nobody ever dreams of using snakes to manage a rat problem because much as snakes can effectively control a rat population, snakes are also very dangerous to human beings and domestic animals. It is so obvious but sometimes absurd examples make the best illustration.
Over the last year or so, there has been tension between the 9th Parliament and the Executive. Although Parliament overwhelmingly comprises of members of the National Resistance Movement, on a number of occasions it has defied the express wishes of the President, Cabinet and the NRM Caucus. Led by a group of “Young Turks”, Parliament started exhibiting an “independent” streak with its fight against corruption, which led to the resignation of a number of Ministers and culminated in a pitched battle, as it were, in the famous Oil Debate. The tensions increased following the mysterious death of Cerinah Nebanda. A move to petition the Speaker to recall Parliament to debate Nebanda’s death was opposed by the Executive. It was halted when the Speaker declined to act on the petition.
The provisions of the Constitution, which is the supreme law of Uganda with binding effect on all persons and authorities, are very clear when it comes to setting out the functions and powers of the Executive and the Legislature, respectively. It is clear, that in a number of actions and utterances, some MPs have violated or acted in contravention of the Constitution. Perhaps out of an over enthusiastic interpretation of their oversight role, some Parliamentarians have encroached on areas that are constitutionally the preserve of the Executive or the Judiciary. On occasion, Parliamentary Committees have violated the constitutionally guaranteed rights of persons who have appeared before them. The behaviour of Parliament, as a whole, and individual MPs is subject to the law. The Speaker and the Parliamentary Commission can lawfully punish indiscipline using mechanisms and powers set out in the rules of Parliament. MPs are also politically answerable to their parties and constituencies. Party whips, in the first instance, and executive committees can lawfully bring political consequences to bear on any MPs deemed errant and out of line. Constituents can also democratically discipline an MP by voting him or her out in a general election. Ultimately, if any MPs or Parliament as a whole does anything that is inconsistent with or in contravention of the Constitution, then any person may petition the Constitutional Court for a declaration to that effect and redress where appropriate.
I am sure that the Executive has come to consider the 9th Parliament a little bit like a rat infestation. However, absolutely nothing said or done by any one or all of the MPs can justify the threats of a military takeover that have been attributed to President, Museveni, the Minister of Defence, Dr Crispus Kiyonga or, lately, the Chief of Defence Forces, General Aronda Nyakairima. A military takeover would amount to the overthrow of the established constitutional order and would be tantamount to treason according to Article 3 of the Constitution. The same article enjoins every Ugandan to defend the Constitution and, in particular, to resist any person or group of persons seeking to overthrow the established constitutional order.
Uganda’s experience with military takeovers, starting right from 1966, has not been pleasant. They set off a chain reaction of political and constitutional instability, which engendered tyranny and oppression and which, in turn, led to conflict and massive loss of life. The framers of the 1995 Constitution intended this Constitution to be the foundation of a lasting liberal democratic constitutional dispensation. In this dispensation everybody is equal under the law. All constitutional and other disputes incapable of amicable resolution must be resolved by resort to Courts. Political disputes must be resolved lawfully in the political arena by putting matters to the vote in general elections or referenda.
The Constitution does not condone or countenance any resort to violence to solve constitutional or political problems. A military takeover would also be totally disproportionate to any violation of the Constitution or political annoyance allegedly committed by Parliament; in short, much like using a snake to deal with a rat infestation.
In light of Uganda’s blighted and blood soaked history, whilst Parliament should be mindful of the constitutional constraints upon it, coup threats should be as socially and politically illegitimate as apology for genocide is in Rwanda today.
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