By Rédaction Africa Links 24 with The Observer
Published on 2024-01-24 23:33:28
Walezi Wa Katiba Foundation, a not-for-profit organization, and lawyer Michael Abonek have jointly petitioned the Constitutional court, seeking an order to compel members of parliament who are also serving as ministers to vacate their offices. The activists argue that the current arrangement, where MPs get appointed as ministers, goes against the doctrine of separation of powers, which aims to prevent the concentration of power and provide checks and balances.
The petitioners, represented by lawyers from PACE Advocates, contend that an MP who holds a ministerial position without resigning their office as an MP belongs to two arms of government, the executive, and the legislature. They argue that this fusion of roles is contrary to the doctrine of separation of power.
The petitioners also highlight the issue of double remuneration and allowances received by MPs who hold ministerial positions, which they describe as a waste of taxpayers’ money. They point out that the records indicate that the double benefits and emoluments, such as vehicles, fuel allowances, and per diem for trips abroad, lead to wasteful expenditure contrary to public trust.
The petitioners’ lawyer, George Musisi, also draws attention to previous concerns about judges being appointed to positions falling under the executive, which was ruled illegal by the Constitutional court in 2021. The petitioners argue that the MPs who double as ministers are accountable to the president as their supervisor, while also expected to provide independent oversight over the same executive.
In his affidavit, Aboneka points out that a prime minister forms the executive arm of government under chapter 7 of the Constitution and that an MP who doubles as a prime minister without resigning their former role as MP belongs to two arms of government, which is a conundrum and a fusion of both the executive and legislature contrary to the doctrine of separation of powers.
The petitioners seek court intervention to address the alleged violation of the constitution and ensure the harmonious co-existence of its provisions. They emphasize the need to prevent the concentration of power and maintain the independence and distinct functions of the three arms of government: parliament, judiciary, and the executive.
Read the original article on The Observer
