Should UPDF Members of Parliament sit on oversight committees?

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OPINION

By Bayigga Michael luluMe

The doctrine of separation of powers suggests that Political power should never be concentrated at one centre. Power concentrated at one centre is a recipe for abuse. 

Rather, power should be separated in a way that provides relative liberties in decision-making, but ensuring checks and balances for good governance to flourish in each arm and in the whole government realm.

In the arrangement, therefore, the Executive exercises the power of initiating policies and laws, proposing the budget and implementing policies through programmes and policies.

The Legislature exercises its mandate of debating and making the laws, including passing the appropriation law, as well as the oversight function on government expenditure and on the implementation of the policies.  

The Judiciary, while having no powers of legislation, interprets the law in the administration of justice. The Judiciary also checks the constitutionality and legality of policies and decisions of the other arms of government.

The interplay of the checks and balances amongst the arms of government brings about the good governance we desire. 

Uganda adopted the doctrine of separation of powers, where the Executive, the Parliament and the Judiciary are well-established arms of government.

In the Constitution of Uganda, however, the several special interest groups were allowed to be represented in Parliament, which include, the youths, elderly, person’s with disabilities and the Uganda People’s Defence Force. (UPDF).

The UPDF Parliamentary representatives are allocated seats in the centre of Parliament, (maybe to demonstrate neutrality of UPDF) and not to be seen to participate in arguably partisan motions, yet they participate in the debates on any issue, but not to vote, just like the ex-officio MPs (the ministers).

Notwithstanding the above arrangements, UPDF MPs have been observed to participate and, in a number of ways, leaning on the side of the NRM party positions. 

Where a UPDF member opted to be neutral, as was the case of Col Bogere at one time, his neutrality was questioned in the NRM establishment and was ostracised and ultimately dropped from the UPDF Parliamentary list.

In the 10th Parliament, the UPDF MPs were involved in debates on controversial matters.

In the 11th Parliament, the UPDF Parliamentary representatives were posted to various Parliamentary oversight committees. While no one doubts their competences while participating in the Parliamentary oversight committees, their presence violates the principles of separation of powers because they are part of the Executive arm of government, actions of which Parliament exercises its oversight functions.

The armed forces fall under the Executive arm of government. They are commanded by the head of government and are administered under the defence ministry, which keeps military power subject to civilian authority.

If the doctrine of separation of powers is applied, there is no way the UPDF, which is part of the Executive, would be allowed to sit and also do the oversight on themselves. 

My experience while working with some of the UPDF MPs on the oversight committees is that they would sometimes take it upon themselves to answer questions on behalf of the representatives of the Executive while appearing before oversight committees. In other words, the executive has been well-represented on respective superintendent committees, thereby fusing the Executive and the Parliament at that level.

The other observation is a degree of undue policing on the committee leaders, the majority of whom are NRM members.

While MPs, irrespective of their parties of origin, usually exercise their mandate with relative independence in the oversight debates, the presence of the UPDF on the committee somewhat presents some degree of policing the NRM MPs, thereby compromising their freedom to debate and take independent decisions.

The 12th Parliament may do better if they care about the Constitution, the law and the practice as discussed in this article, ensuring that the UPDF members cede their membership on the oversight Parliamentary committees.

The author is the Buikwe South MP (0772432096)