The Supreme Court has on Thursday, June 4 ruled in favour of the six MPs who were earlier expelled from the parliament by the Constitutional Court.
The Constitutional Court in Kampala on December 27, 2019, ordered six MPs to vacate Parliament on grounds that they were elected in constituencies that were non-existent.
The MPs who were affected include Patrick Ocan (Apac Municipality), Dr Elioda Tumwesigye (Sheema Municipality), Tarsis Rwaburindore Bishanga (Ibanda Municipality MP), Hashim Sulaiman (Nebbi Municipality), Abrahams Lokii (Kotido Municipality), and Asuman Basalirwa for Bugiri Municipality from parliament for in newly created municipalities which had not been demarcated by the Electoral Commission.
The Attorney General later appealed against the Constitutional Court judgment.
The Justices of the court in their unanimous decision held that the elections in the aforementioned constituents/ municipalities were conducted neither in general elections nor as a way of by-elections which are the only recognized ways of electing MPs into Parliament.
However, the Attorney General and Electoral Commission appealed against the Constitutional Court judgment in the Supreme Court.
On Thursday 4 June, the seven Supreme Court justices including Esther Kisaakye, Stella Arach Amoko, Opio Aweri, Lillian Tibatemwa, Richard Buteera, Mike Chibita and Paul Mugamba directed that the six MPs should stay in parliament as they await the outcome of the main case in which they are challenging the lower court’s judgment.
The judges explained that there was no vacancy existing or created in Parliament by the mere fact of creation of municipalities.
“We find that the applicants have demonstrated seriousness to pursue the appeal and the application was lodged without undue delay,” the court ruled.
“Under article 81 (2) where a vacancy exists in Parliament, a by election will be held within 60 days after a vacancy has occurred provided it is not less than after six months from the conclusion of general elections. No vacancy had occurred because as noted above, all 20 existing constituencies had been represented in the 2016 general elections,” the judges ruled.
The justices argued that if the affected MPs are kicked out of parliament before their appeal is disposed of, the outcome of the main case may be rendered useless.
“We find that the intended appeal involves matters of significant public importance and raises serious constitutional and legal matters which warrant determination by this Court.
