Why Speaker Among declined NUP’s call to withdraw Mpuuga as Commissioner

The speaker of parliament Anita Among has March 26, 2024 declined National Unity Platform’s call to withdraw Hon. Mathias Mpuuga as Commissioner of Parliament.

According to the speaker, the parliamentary Commissioners are elected by Parliament by virtue of section 2 of the Administration of Parliament, Cap 257 and rule 11 (4) of the Rules of Procedure of the Parliament of the Republic of Uganda.

It’s upon this that the role of parties under the law is limited to nominating candidates for election to the office of Commissioner of Parliament as stipulated in sub section 2 (2b), which provides for Nomination of the candidates for election to the Commission of the four members of Parliament, referred to in subsection (2) that shall be made by the Government and opposition sides.

“Once elected by Parliament, the commissioners so elected cease to serve individual party interests and serve Parliament as a whole. As such, they can only vacate the position or be removed therefrom in conformity with the law. Section 4 of the Administration of Parliament Act is clear that a member of the Commission shall cease to hold office on vacating his or her seat in accordance with article 83 of the Constitution,” she added in a letter responding to NUP.

The speaker further cited Section 5 of the Administration of Parliament Act which is unequivocal on the grounds upon which a commissioner can be removed, highlighting that, “Removal of a commissioner A member of the commission, other than the Speaker and the Leader of Government Business, may be removed from office by Parliament for inability to perform the functions of his or her office arising from infirmity of body or mind, misbehavior, misconduct or incompetence.”

“The above provision is reiterated in rule 110 (1) of the Rules of Procedure. Moreover, under rule 110(2) the process of removal of a commissioner is by a motion for a resolution for removal of a commissioner initiated by a notice in writing to the Clerk to Parliament signed by not less than one third of all the voting members of Parliament indicating their intention to remove the member,” she added.

With the total voting members of Parliament being 529, Among asked NUP to make sure that their notice should be supported by not less than 177 members of Parliament.

She hence noted that it does fall short of the requirements of rule 110 of the Rules of Procedure and accordingly, is incurably defective.

“The above notwithstanding, Honorable Mathias Mpuuga has neither vacated his seat as a member of Parliament in accordance with article 83 of the Constitution nor has he been, upon a motion moved in strict compliance with the rules of procedure, found guilty by Parliament for inability to perform the functions of his office arising from infirmity of body or mind, misbehavior, misconduct or incompetence,” she explained.

While tutoring opposition’s biggest party, Among stated that parties lack the requisite legal mandate to recall a commissioner of Parliament once elected by Parliament, and once its to be done as NUP requested, this would amount to fettering the authority vested in the House by the clear and unambiguous section 5 of the Administration of Parliament Act.

This in the end would result in undesirable legal consequences in line with the decision of the Constitutional Court of Uganda in Fox Odoi-Oywelowo and James Akampumuza Versus Attorney General, Constitutional Petition No. 8 of 2003.