The Constitution (Amendment) (No. 2) Bill, 2017, Bill No. 15, § 2 Dubbed The Controversial Age Limit Bill in Uganda

The Constitution (Amendment) (No. 2) Bill, 2017, Bill No. 15, § 2, 110:54 Bills Supplement to The Ugandan Gazette (Sept. 28, 2017) dubbed The controversial age limit bill in Uganda was signed into law by Ugandan President Yoweri Kaguta Museveni on December 27, 2017. This legislation included several key amendments: the removal of the presidential age limit, which was initially set at 75 years, the restoration of term limits, and the extension of the presidential term from five to seven years.

Rationale and Public Reaction

Many critics argue that the amendment was designed to enable President Museveni to remain in power indefinitely. However, the restoration of term limits has helped to ease some public concerns, providing a measure of calm after months of political tension.

Parliamentary Proceedings

The parliamentary debates on the bill were marked by several unprecedented incidents, including physical altercations among Members of Parliament (MPs), the intervention of security personnel to remove suspended MPs, and allegations that Ronald Kibuule, the State Minister for Water Resources, had brought a firearm into the chamber.

During this period, MPs received 29 million Uganda Shillings (approximately 7,830 USD) for consultations on the age limit issue. Many citizens viewed this allocation as a misuse of taxpayer funds, particularly given Uganda’s ranking as one of the world’s poorest countries. This led to strikes by various professional groups, including doctors, prosecutors, and teachers, demanding higher wages. Some opposition MPs returned the funds, claiming they could not be corrupted, while others accepted the government’s allocation.

Legislative Outcome

Despite the suspension of numerous opposition MPs, the bill passed due to the National Resistance Movement (NRM) party’s majority in parliament. This has led to ongoing debates regarding the bill’s legitimacy, culminating in a petition to the Constitutional Court of Mbale challenging the age limit law. The court has concluded its proceedings, and a judgment is pending.

Legal Implications

It is anticipated that the judgment will exclude current MPs from benefiting from the additional two years in their current term. However, the removal of the presidential age limit is likely to be upheld, subject to a referendum.

The law was enacted to apply retroactively, which raises legal concerns. Such ex post facto laws, which alter the legal consequences of actions committed before the law’s enactment, are generally not accepted in Uganda. Consequently, this amendment should affect the next parliament rather than the current one.

If the current parliament benefits from this amendment, it could appear that MPs are enacting laws for their own advantage. Given these considerations, it is expected that judges will uphold the amendment but exclude current MPs from benefiting.

Human Rights Perspective

The removal of the age limit is justifiable from a human rights standpoint. Article 21 of the Ugandan Constitution guarantees equality before the law and protection from discrimination. Age limits can be seen as discriminatory, and their removal aligns with human rights principles. It is likely that the amendment will be upheld but subjected to a referendum, allowing the public to vote on this matter in accordance with Article 1 of the Constitution.

Conclusion

The age limit amendment might have faced more criticism had it not included the restoration of term limits. If the court upholds the amendment, the public is likely to accept it, given their long-standing patience with the current administration. Some speculate that the restoration of term limits is a tactic to buy time, with the possibility of future amendments. This remains a topic for future discussion.

References

Global Finance – Uganda’s Economic Ranking

Library of Congress – The Constitution (Amendment) (No. 2) Bill, 2017, Bill No. 15, § 2, 110:54

If you love our article on “The Constitution (Amendment) (No. 2) Bill, 2017, Bill No. 15, § 2 Dubbed The Controversial Age Limit Bill in Uganda,” check back here for more legal news

Contact Information

Stabit Advocates

Website: www.stabitadvocates.com

Email: info@stabitadvocates.com

Phone: +250 789 366 274

For more information or to discuss your case, please contact us at www.stabitadvocates.com.

This guide is intended to provide general information and does not constitute legal advice. For specific legal advice tailored to your situation, please consult with a qualified attorney at Stabit Advocates.