Africa-Press – Uganda. Human rights defenders have asked the Constitutional Court to order city women representatives to vacate their seats in parliament immediately, saying their legislative role is non-existent and offends the Ugandan law.
The rights defenders allege that the occupation of parliament by city women lawmakers under the category of special interest group representation is unconstitutional.
In the petition filed before the Constitutional Court on Tuesday, a lawyer and two civil society bodies claim that the creation of 20 more constituencies out of the cities by parliament and the electoral commission in 2020, more than 12 months after the March 23, 2016 publication of the national population census, is inconsistent with constitutional provisions.
City lawyer Peter Magelah Gwayaka, jointly with Civil Society Organisations (CSOs) Alliance for Finance Monitoring and Walezi Wa Katiba Foundation petitioned the Constitutional Court against the Attorney General and Uganda’s Electoral Commission.
“The petitioners are further aggrieved by the fact that municipalities, which are local government administrative units, are constituencies with seats in parliament and firmly believe this is inconsistent with, and in contravention of the constitution,” reads part of the petition.
It is alleged that the cities and municipalities were created by government under the Local Governments Act for purposes of local government administration and service delivery and not for representation.
Now, the petitioners want an order prohibiting Uganda’s electoral body from conducting elections of city women representatives.
In a sworn statement, Alliance for Finance Monitoring executive director Henry Muguzi states that the Ugandan constitution specifically referred to one woman representative per district and not a city.
“That the organizing and conducting of elections for the city women representatives under section 8 of the Parliamentary Elections Act without amendments to include a woman representative for a city was null and void as it contravenes the Constitution,” Muguzi observed.
He argues that the intention of the framers of the constitution was very clear in providing for one woman representative per district and never did they mean a city.
According to him, no act or law can usurp a constitutional provision because of the supremacy of the constitution.
Meanwhile, the Constitutional Court is yet to summon the accused parties to file their defences within seven days from date of service of the summons and petition.
“If you or your pleader or any person authorized by law to appear on your behalf does not appear, then this matter will be heard in your absence and judgement given against you,” court documents read.
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