The Forum for Democratic Change Party Secretary General, Nandala Mafabi, has fired back at the Speaker of Parliament, Anita Among, for declining to approve Mawokota South MP, Yusuf Nsibambi, as the new FDC Party Chief Whip.
Following internal bickering in the FDC, Mafabi wrote to the Speaker informing her of the party’s decision to drop Kira Municipality Member of Parliament, Ibrahim Ssemujju Nganda, as the party Chief Whip in Parliament.
Mafabi also informed the Speaker of the decision to appoint Nsibambi with immediate effect.
However, in a letter dated August 16, the Speaker told Mafabi that she could not effect the changes following a petition by some FDC MPs.
She said in the petition, the MPs accused Mafabi of taking the decision without consulting the Party’s National Executive Committee.
Although the issue in context is a party matter, Among explained that they affect the harmony, cohesion and operation of Parliament.
However, Mafabi in an August 17 letter, told the Speaker that in FDC, they have a Working Committee of NEC under Article 22 of the FDC Constitution which acts as the Cabinet for the Party.
He revealed that the MPs who petitioned her are not members of the committee.
“In fact, they petitioned the wrong office. This petition was never served to the Party. We wish they had also provided you with the Party Constitution to show you what was violated.”
He explained that the same working committee that appointed Ssemujju, is the same committee that has appointed Nsibambi.
“Madam Speaker, these members misled you because the functions of the National Executive Committee, National Council or National Delegates Conference are clearly spelt out in the Party Constitution…. There is nothing like appointing the Whip or Parliamentary Officer holders,” the letter read.
Mafabi told the Speaker that if she had asked for clarification from him, in his capacity as a Member of Parliament and Secretary General, he would have clarified, faulting her for meddling in FDC Matters.
“Your letter clearly shows that Parliament is meddling in internal party operations which is against the Political Parties and Organizations Act as amended.”
“As FDC, we are not removing Hon Ssemujju as a Member of Parliament but rather removing him from the assignment we gave him as a Party. According to Section 6) (1) of the Administration of Parliament Act as Amended a Party may appoint a Party Whip. Also, according to the Rules of Procedure of the Parliament of Uganda, Whips are appointed by Parties,” he added.
Mafabi noted that the letter will provide clarity on the issues raised “and we request that you are not misled by some members who use their privileged offices”.
He further advised the petitioners to petition the Party or Court.
“There are no legal consequences to Parliament because Parliament is just informed of the appointment from the Party which does not require Parliamentary approval,” he said.
Ugandans have their say:
1. Godwin Toko: The Speaker is utterly wrong! It’s not her role to interrogate how the appointment was made because some voices dissent, hers is to receive the position by the channel that communicates it – the Secretary-General, the rest should go to court! Imagine everyone acted this way!
2. Isaac Ssemakadde: With respect, the Speaker is right; you’re wrong. In Henry Tumukunde v AG & John Ken Lukyamuzi v AG, the apex court criticized the Speaker for meekly acting as a conduit of communiques affecting the status of MPs. In Sekikuubo v AG, the Speaker was lauded for resisting them.
3. Don Kafeero responds to Ssemakadde: Would the same argument suffice if the Speaker rejected the next LoP appointee? The Speaker, in our context, doesn’t operate independently or even pretend to do so. What if they opt to push an NRM position against the interest of NUP, etc.?
The context is that the Speaker has blocked an MP (NUP’s Francis Zaake) from the Parliamentary Commission before despite the insistence of their party. This raises concerns about the Speaker’s impartiality and the need for clear guidelines and procedures.