The Constitutional Court has thrown out Minister Eloda Tumwesigye and five other legislators out of parliament on grounds that they were elected in constituencies that were non-existent.
Dr. Tumwesigye who is Minister of Science, Technology and Innovations represents Sheema Municipality that was recently curved out of Sheema South. He is the only Minister affected in the latest Constitutional Court ruling.
The others affected by the decision are MPs, Justice Forum (Jeema) party president and Bugiri Municipality legislator, Asuman Basaliriwa, Mr Patrick Ochan (Apac, UPC party), Tarsis Rwaburindore (Ibanda, NRM party), Hashim Sulaiman (Nebbi, NRM party), and Abraham Lokii (Kotido, NRM party).
The Justices of the Constitutional Court in unanimous decision held that the elections in the aforementioned municipalities, were conducted neither in general elections nor as a way of by-elections which are the only recognised ways of electing MPs into Parliament.
“In the premises, I would hold that elections conducted in the six affected municipalities mentioned in the judgment are not elections for an office of Member of Parliament existing under the Constitution because they are not general elections or by-elections. Secondly, the seats contested for did not have a vacancy and were already represented by elected MPs in the general elections of 2016,” held Justice Christopher Madrama who wrote the lead judgment.
The petition was was filed by former Bufumbira East legislator Eddie Kwizira argued that creation of the six municipalities was done without the involvement of the Electoral Commission and yet one of its crucial mandate under Article 63 is to demarcated boundaries of constituencies.
Mr. Kwizira had argued that parliament can only create constituencies/ municipalities through an act of parliament and not by a mere resolution.