Shamim Nabakooza
Does the 1995 Constitution still hold any substance today, some people have asked.
Enshrined on six principles of: unity, peace, quality, democracy, social justice and progress, the 1995 Constitution was formulated after consultation from the population making it the first constitution that was made by Ugandans
After more than two decades, this supreme law of the land has been amended four times with the most controversial amendments on the presidential term limit of 2005 and the most recent age limit that removed the 75year cap of presidential candidates.
So we ask, is the constitution still relevant?
These amendments, according to political actors, erode the substance of the constitution raising questions on whether it should still be called the people’s constitution.
Mathias Mpuuga, the leader of opposition said many times the changes are questionable certainly do not serve the people of Uganda anymore.
Former EALA MP, Wandera Ogalo said that while the Constitution is still relevant, the politics surrounding it has usurped the will of people yet its formulation was centred on the people of Uganda.
“We haven’t resolved the political question and that’s how we keep on grappling with problems of handing over power,” he said.
Ogalo said the spirit under which several amendments are pushed is an indication of the weak political will of the leaders.
While Article 259 of the Constitution provides for its amendment, the former Uganda Law Society president Simon Peter Kinobe says the framers of the supreme law made it too easy to tamper with.
“One of the easiest ways to make the constitutional amendment hard is subjecting it to a referendum,” he said.
Kinobe said amendments to the Constitution should call for a participatory democracy.
“Any constitutional amendments should cast light onto the demands and desires of the society. It should call for participatory democracy,” Kinobe said.
The minister for ICT and National Guidance, Dr.Chris Baryomunsi said these amendments are a representation of the views of the public.
“The Constitution is working but it can be changed whenever the need arises,” Baryomunsi said.
Baryomunsi faulted the opposition for undermining the substance of the supreme document in a manner he says is informed by their radical behaviour.
