Independent? Uganda Parliament presents all what is wrong

The judges — high court and higher courts — are also supposed to be independent. Nobody wants to offend a judge but going by what some judges say of fellow judges, the term “independence” can really be elastic, and yet compressible. ILLUSTRATION | JOHN NYAGAH | NMG 

In Summary

• The independence of some key offices which are “not subject to being directed” and so on and so forth is crucial, but the African traditional reality of authority can overwhelm them.

By JOACHIM BUWEMBO
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Managing a young state that aspires for full democracy alongside traditional values usually poses special challenges.

Currently, Uganda is embroiled in a controversy surrounding a struggle between the Ombudsman — called the Inspector General of Government (IGG) — and the Governor of the Bank of Uganda.

The cause of the fight is that the IGG is opposed to administrative staff changes made by the governor. The argument is whether the IGG has power to call the central bank governor to order, yet the central bank’s independence is enshrined in the Constitution.

The governor, Prof Tumusiime Mutebile, is an economist and banker of formidable reputation, generally regarded as the father of Uganda’s economic reforms, which he initiated when he was Treasury Secretary in the 1980s and ‘90s, and later as central bank governor. So he has midwifed both the fiscal and monetary reforms over the past three decades.

This he achieved not as a soft “yes man,” but a tough economic operator facing off with the country’s top authority.

Mutebile’s biggest fight came eight years ago, when he opposed “facilitating” a transaction to purchase military stuff. The state muscled its way and Mutebile called President Yoweri Museveni indisciplined in – of all spaces - The Financial Times of London.

So, a cadre Mutebile never was. (The term cadre is used derogatorily in Uganda to describe regime apologists in high places.) But now, the IGG is shining a spotlight on the dangers of central bank: When a non-cadre governor turns rebel, who can call him to order?

The central bank governorship is not the only protected office in the country. The Director of Public Prosecutions is also supposed to operate independently. But there have been times when citizens have tried to institute private prosecution against powerful officials, whom the government does not seem to be so keen on prosecuting.

When such happens, the public has come to expect the DPP to take over the case (the office of the DPP has the authority to do so) only to “lose interest” in the matter, effectively killing it.

The judges — high court and higher courts — are also supposed to be independent. Nobody wants to offend a judge but going by what some judges say of fellow judges, the term “independence” can really be elastic, and yet compressible.

The independence of some key offices which are “not subject to being directed” and so on and so forth is crucial, but the African traditional reality of authority can overwhelm them.

The national parliament is what makes you wonder what independence really means. A senior official recently said that legislators are now finding it hard to face their constituents since passing an amendment removing the presidential age limit from the Constitution.

Surveys had shown that a majority of the electorate were against the amendment, but the MPs ignored their sentiments. They discussed it in the ruling party caucus and decided to pass it.

So, while parliament is clearly not independent of the ruling party machine, is it desirable to allow them full independence? What if they become rebellious and using their power, extend their term to 50 years without facing regular elections?