What you have to know:
- The matter is before the High Court to have the CEC members vacate offices and refund emoluments
- There is said to be an out-of-court arrangement to settle the case with the plaintiff.
- High Court hearing scheduled to start on April 30.
Kampala I On Thursday, April 11, the national chairman of the ruling party – NRM, Yoweri Kaguta Museveni hosted members of the Central Executive Committee (CEC) at State House Entebbe.
Museveni, also the President of the country, among others, received the report of the recently concluded NRM membership registration exercise across the country from the Secretary-General, Richard Todwong.
According to that report, 18.3m were registered. Museveni described it a “good start to this ongoing process” amid “gaps”.
“There were some gaps in the process, such as the criminality of money lenders who take away national identity cards from Ugandans and the limited involvement of NRM village chairpersons and we have resolved to address those, through legislation if necessary and return to the people at an appropriate time,” the President [Chairman] said via his official X handle on Friday.
Ahead of the Thursday CEC meeting was a concern that some members would be there illegally after a recent civil suit against them citing the expiry of their term as office bearers. Currently, CEC is composed of 33 members who hold different positions. The topmost are the national chairman, followed by 1st and 2nd national vice chairpersons.
There are six national vice chairmen representing Eastern, Northern [seat vacant], Western; Central, Kampala and Karamoja regions. Additionally, there are ten chairpersons for different leagues; five eminent members; Secretary General and his deputy, national treasurer and her deputy; chairperson of NRM electoral commission and chairperson of ethics and discipline.
Others are the chairperson of defense and security commission, chairperson of finance commission and chairperson of social and economic planning commission.
CEC sued
In a miscellaneous application arising from a Civil Suit No. 92 of 2024 pending hearing on April 30 in the High Court at Kampala, five CEC members have been sued and the plaintiff wants the Court to put a temporary injunction restraining them [below members] from illegally occupying offices as chairpersons of respective leagues until the hearing and determination of the main suit.
The members are Gadaffi Nassur (chairperson, youth league), Dominic Mafabi Gidudu (chairperson, elders’ league), James Tweheyo (chairperson, workers’ league); Mwesigwa Rukari (chairperson, entrepreneurs’ league) and Gen Jim Muhwezi (chairperson, veteran’s league).
Others include Gabriel Kato (chairperson, PWDs league) and Lydia Wanyoto (chairperson, women’s league).
tndNews understands that while this particular matter ‘was not extensively discussed’ on Thursday, the national chairman of the party, Museveni, ‘gave days’ to the cited members to vacate their positions.
The chairman’s [Museveni] directive follows a 10-paged legal advice captioned OPINION ON THE COMPOSITION OF THE CENTRAL EXECUTIVE COMMITTEE (CEC) by Attorney General Kiryowa Kiwanuka dated April 11, 2024.
“Reference is made to the captioned matter on which the Central Executive Committee of the National Resistance Movement sought the opinion of the Attorney General,” Kiryowa wrote, writing further, “The CEC is established under Article 13 of the NRM Constitution,” he added, listing titles from No.1, national chairman to No. 33, chairperson, social and economic planning commission.
“While the total number would be 33, the actual membership is less than 33 because some of the chairpersons of the commissions typically hold existing CEC positions. These include the chairpersons of the NRM Electoral Commission (Dr Tanga Odoi), the chairperson of Finance Commission (Hon. Amb. Barbara Nakesa also National Treasurer and Chairperson of the Ethics and Discipline Commission), Rt. Hon. Rose Namayanja, (Deputy Secretary General). These are already appointed numbers of CEC under Article 13 (5) of the NRM Constitution.
“Therefore, in the current format, the actual number of CEC members would be 29,” the Attorney General told Museveni.
Also read: Date fixed for hearing Obal’s suit against NRM CEC members
The Attorney General went on to list names and titles of fourteen CEC members whom he said their “terms are valid and active” – among them, he wrote: National Chairman, H.E Yoweri Kaguta Museveni, 1st National Vice Chairperson, Rt. Hon. Al-Hajji Moses Kigongo, 2nd National Vice Chairman – Female, Rt. Hon. Rebecca Kadaga; National Vice Chairman (Eastern) Hon. Capt. Mike Mukula, National Vice Chairman (Western), Hon. Dr. Chris Baryomunsi and National Vice Chairman (Central) Hon. G. Kiwanda Ssuubi.
Others are National Vice Chairman (Kampala) Hon. Singh Katongole, National Vice Chairman (Karamoja) Hon. Aleper Simon Peter; Chairperson of the NRM Parliamentary Caucus, Hon. Obua Denis Hamson; Secretary General Hon. Richard Todwong, Deputy Secretary General/Chairperson Ethics and Discipline, Hon. Rose Namayanja; National Treasurer/Chairperson Finance Commission, Hon. Barbara Nekesa; Deputy National Treasurer, Hon. Jacqueline Kyatuhaire and Chairperson of NRM Electoral Commission, Dr. Tanga Odoi.
“I advise therefore that CEC as presently constituted has sufficient quorum to conduct business. Advise further that the NRM constitution is silent on the voting rights of those who continue to constitute a quorum. In the absence of specific provisions, quorum is calculated based on the whole membership of the committee.
On the mandate of the membership of CEC, the Attorney General wrote: “We understand that several of the positions of the members of the CEC are representative of the special leagues and special interest groups whose mandate stems from elected structures of the NRM at various levels starting from the village, through the parish up to the district and national levels. These include: Women’s League, Youth League, Historical Leader’s Forum, League of People with Disabilities; Worker’s League, Elder’s League; Entrepreneurship League and NRA and UPDF Veterans League.
“We understand also that the NRM was unable to hold the relevant structure elections for the above positions on account of the COVID-19 pandemic. In addition to this, the tenure of the 5 (five) eminent persons nominated by the National Chairperson and elected by the National Executive Council (NEC) under Article 13(1)(h) expired and elections could not be held on account of the COVID-19 pandemic.
“The positions for National Chairperson, 1st National Vice Chairperson, 2nd National Vice Chairperson (female) and the 6 Vice Chairpersons representing the East, Central, North, West, Kampala and Karamoja Regions were elected while others were extended in accordance with the Political Parties and Organizations (conduct of meetings and Elections) Regulations, SI (statutory instrument) no. 95 of 2020. The last extension of these structures was from July 2022 to 20th November 2022. The above extension therefore expired on 20th November 2023.
Also read: Sued NRM CEC member asks Museveni to intervene: faults secretariat leaders
“Our opinion is sought on the status of the structures and legal ramifications of renewal of these structures by the CEC of the NRM under the Political Parties and Organizations (Conduct of meetings and Elections) Regulations. We have reviewed the provisions of the Constitution of the NRM, the Provisions of the Political Parties and Organizations Act 2018, The Political Parties and Organizations (…) Regulations, SI No. 95 of 2020, and the provisions of The Constitution of the Republic of Uganda and advise as follows:
But tndNews shares the summary: Section 10 of the Political Parties and Organizations Act 2018 cited by the Attorney General provides: 1) A political party or organization shall, in its internal organization, comply with the provisions of the constitution, in particular articles 71 and 72 of the constitution.
2) Every political party or organization shall elect such persons as may be determined by the members of the political party or organization as members of executive committee of the political party or organization with due consideration of gender equity.
3) The election of members of the executive committee of every political party or organization shall be conducted at regular intervals not exceeding five years.
“While the CEC presently hold sufficient quorum of the properly elected members to conduct business, the representation of chairpersons of the National Special League Committees and the 5 eminent persons as members of CEC has expired,” said Kiryowa.
He added: “Their continued presence on the CEC of the persons whose mandate has expired is contrary to Section 10(2) of The Political Parties and Organizations Act 2018 and Article 71 (c) and (d) of the Constitution unless legally extended under the Political Parties and Organizations (conduct of meetings and Elections) Regulations.”
While NRM party and the wanted-out CEC members argued that they hold offices legally due to the SI issued in 2020, alongside Public Health Act due to COVID-19 which could not allow elections to be held, the Attorney General overrules their arguments.
“While other regulations made under the Public Health Act for control of COVID-19 pandemic may still exist, it cannot be said that it is impractical to hold elections as public movement and public gatherings are happening without restrictions…”
He (Kiryowa) concluded: “We advise that the members of the executive committees of the party organs should be elected as required by law and constitution of the party.”
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