Two concerned citizens have petitioned the Constitutional Court challenging the retention of parliamentary seats by persons appointed to serve as ministers in Government.
The petitioners, Isaac Wadada and Hakim Nsimbe, referring to themselves as ‘concerned citizens,’ contend that the practice offends article 113 (4) of the Constitution.
Although the article mandates the president to appoint ministers from among Members of Parliament, the clause stipulates that a minister shall not hold any office of profit or emoluments likely to compromise his/her office.
They add that the appointment of ministers among the pool of MPs, by the President, creates conflict of allegiance as the same people subscribe to two different oaths.
Wadada and Nsimbe now want the Constitutional Court to declare that it's unlawful for an individual to be appointed into the cabinet and retain his post as a Member of Parliament.
In a related development, the two petitioners also want the same court to annul the election of all MPs who were elected after the February 18, 2016 general election cycle in the newly created districts of Kagadi, Kakumiro, Omoro and Rubanda.
The petitioners claim that the Electoral Commission had no mandate to organize elections after the general election on February 18 2016.