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It’s legal to appoint ministers from MPs, court rules

Noelyn Nassuuna by Noelyn Nassuuna
August 9, 2021
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By Ruth Anderah 

The Constitutional Court has announced that the appointment of Ministers by the President from Members of Parliament is legal and consistent with the Constitution.

In a unanimous decision, the five Constitutional Court Justice led by Justice Richard Buteera, say that the Constitution gives the president power to appoint ministers first from MPs and other persons who are eligible to become MPs.

The Justices further declared that the appointment of Mps to the cabinet who continue to be members of Parliament is not unconstitutional.

The Court’s decision stems from a Constitutional petition filed by two concerned citizens Isaac Wadada and Hakim Nsimbe challenging the appointment of Ministers from Mps and the continued existence of the Electoral Commission which has on several occasions been declared incompetent in election petitions and holding of in districts that were created after 2016 election.

In their ruling the Justices said the petitioners failed to bring conclusive evidence to show that EC was incompetent.

However, they have declared unconstitutional EC’s action of holding elections in the districts of  Kagadi, Kakumiro, Omoro, Rubanda and Kibaale which were created after the 2016 elections.

 

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