Two Ugandan representatives to the East African Legislative Assembly, James Kakooza and Dennis Namara, have written to the Speaker and Clerk of EALA demanding the immediate retraction of a letter declaring their positions vacant.
The MPs argue that the letter was issued in error, stating that their seats will only become vacant after they take oath in mid-May to serve in Uganda’s 12th Parliament.
The controversy began when the Clerk to Parliament of Uganda, Adolf Mwesige, issued a notice for by-elections to fill what were described as vacant EALA positions.
However, the affected MPs say the notice is premature and was issued in bad faith. They have also threatened to seek legal action if the letter declaring their seats vacant is not retracted.
“We are still members of EALA until we are sworn in May to serve the 12th Parliament of Uganda,” the MPs said in an interview on Monday.
The MPs also questioned the timing of the by-election notice, pointing out that two Tanzanian representatives who were elected to their national parliament in October last year have not received similar notices.
They argue that the EALA leadership is acting unfairly and that the planned by-elections are unnecessary.
The dispute centers on the interpretation of Article 51 of the East African Community Treaty, which states that an elected member vacates their seat upon election or nomination to a national assembly of a partner state.
However, Kakooza and Namara argue that the provision should be interpreted within the context of when a member actually assumes office in the national parliament.
The EALA leadership had not yet publicly commented on the matter by press time, but the controversy highlights the legal and procedural complexities surrounding regional legislative representation within the East African Community.
The dispute is expected to shape the upcoming process of filling Uganda’s representation in the regional assembly and could potentially lead to legal proceedings if the matter is not resolved administratively.
