The minister for Justice and Constitutional Affairs, Rtd, Gen. Kahiinda Otaffire has written to the Speaker of Parliament Rebecca Kadaga presenting the status of the electoral reforms to be presented in parliament.
In the report dated 23rdJanuary 2019, Otafiire clarifies the on -going process to the final preparations of forming the commission. He states that the Ministry of Justice has written to the Minister of Finance, Planning and Economic Development for funding the activities of the commission and so far they are yet to receive the funds.
He adds that in a few months, the government will have finalised the establishment of the commission and securing the required funds for involved activities.
“Nevertheless, within the next six months, Government intends to make final preparations relating to the establishment and appointment of the Commission and securing of the necessary funds for the activities of the Commission,” The report partly reads
In the report, Otafiire also highlights the details of the Constitution Amendment Acts, 2015 and 2018.
“The Constitution Amendment Act 2015, amended the Constitution, inter alia, to prescribe a procedure for the removal of members of the Electoral Commission, to require the Electoral Commission to hold a by-election within sixty days from the date of notification of a vacancy of a member of
Parliament by the Clerk to Parliament; to require the registrar of a court declaring the seat of a Member of Parliament vacant to transmit the judgment to the Clerk to
Parliament within ten days after the declaration and to permit floor crossing in Parliament by members of Parliament within twelve months before the end of the term of Parliament;
These Constitutional reforms together with the attendant reforms reflected in the electoral laws/Acts of Parliament constituted the legal regime for the General elections of 2016.
As you will further recall, following the General elections of 2016, the Supreme Court, in in thecase of Amama Mbabazi v Yoweri Kaguta Museveni and others Election Petition N0. 13 of 2016 noted that there was need to amend, among other provisions, articles 104 (2), (3) and (7) of the Constitution in relation to presidential election petitions.
These reforms were addressed in 2018 when Parliament enacted the constitution Amendment Act 2018, Act 1 of 2018.
The Constitutional Amendment Act 2018 amends the constitution to provide for the time within which to hold presidential, parliamentary and local government council elections; to provide for the term of Parliament; to provide for eligibility requirements for a person to be elected as President or District Chairperson; to increase the numbers of days within which to file and determine a presidential election petition; to increase the number of days within which the Electoral Commission is required to hold a fresh election where a presidential election is annulled; to provide for limits on the tenure of the President; to provide transitional provisions having regard to the amendments made; and for related matters”
The report further indicates that there have been more reform recommendations from the Supreme Court and public. The Supreme Court calls for requiring further amendment of electoral laws; Nature of evidence, Use of technology, Unequal use of state owned media, donations during election period, Involvement of public officers in political campaigns and the role of the Attorney General in election petitions.
