Published on 18/10/2024
Former Leader of the Opposition in Parliament, Mathias Mpuuga, is gearing up to introduce private member’s Bills for electoral reforms ahead of the 2026 general elections.
Representing Nyendo-Mukungwe Division in Masaka City, Mpuuga has already submitted notices of motion to Speaker Anita Among, seeking parliamentary leave. His proposed reforms could ignite a contentious debate with the government, which has pledged to establish a Constitutional Review Commission.
Mpuuga’s Bills aim to amend the Constitution, Presidential Elections Act of 2005, Parliamentary Elections Act of 2005, Electoral Commission Act, Local Governments Act and Referendum and Other Provisions Act. The stage is set for a significant political showdown.
“This is to request space on the Order Paper for their [Bills] consideration by the House,” Mpuuga stated in a letter dated October 4, 2024.
One of the most controversial proposals is a Constitutional Amendment Bill that seeks to introduce proportional representation, which would reduce the size of Parliament. If passed, this could dramatically reshape the composition of the legislature. The Bill, seconded by Bugabula South MP Henry Maurice Kibalya, also proposes a bicameral legislature and the reinstatement of presidential term limits.
Mpuuga’s amendments to Article 74 of the Constitution would abolish constituencies, ensuring that each district or city is represented by one directly elected MP and one-woman MP. This change would reduce the size of Parliament from the current 529 MPs to 342.
The proposal also introduces a new Article (78A) to establish a Senate, composed of members directly elected to represent the 39 districts that existed at the time of the 1995 Constitution’s promulgation. The Senate would include a Majority Leader appointed by the President and a Minority Leader, who would be an ex-officio member without voting rights.
In the proposed National Assembly, Mpuuga also seeks the creation of a Speaker’s Panel, comprising two legislators, one of whom would be from the opposition. This panel would preside over the House in the absence of the Speaker and Deputy Speaker, a concept first introduced in the 10th Parliament.
Further changes are proposed to Articles 98, 100, and 103 to replace the Vice President with a Deputy President, who would be a running mate to the presidential candidate during elections.
Mpuuga also wants to amend Article 104 to allow any aggrieved registered voter, not just presidential candidates, to challenge the results of a presidential election. Additionally, he seeks amendments requiring MPs appointed as Ministers to resign their parliamentary seats and to define the functions and removal process for a Deputy President.
“The Vice President appointed under Article 108 of the Constitution, by the President with approval of Parliament, lacks the mandate of the general public. A Deputy President, elected as a running mate to a presidential candidate, would obtain public trust and be accountable to the public,” part of Mpuuga’s motion reads.
Mpuuga, seconded by Mityana District Woman MP Joyce Bagala and Mityana South MP Richard Lumu, also proposes amendments to the Political Parties and Organisations Act, 2005, to create a legal framework for political coalitions during elections. He seeks to replace Section 17 to allow the merger of political parties, which would dissolve the original parties upon registration of the new entity. Section 18 would be amended to allow for coalitions between two or more parties, with agreements deposited with the Electoral Commission outlining the coalition’s structure and duration.
In the Electoral Commission (Amendment) Bill, 2024, seconded by Kyotera District Woman MP Rose Fortunate Nantongo, Mpuuga proposes that prisoners and Ugandans living abroad be allowed to vote in general elections. He calls for mechanisms to register Ugandans abroad and designate embassies, missions, and consulates as polling stations, with election officers appointed by the Minister of Foreign Affairs.
Mpuuga argues that these amendments would prevent further legal challenges against the Electoral Commission, citing a High Court ruling in Kalali Stephen vs. Attorney General & Electoral Commission (Misc. Cause No. 35 of 2018), which granted prisoners and Ugandans abroad the right to vote.
In the Parliamentary Elections (Amendment) Bill, Mpuuga, with Bugiri Municipality MP Asuman Basalirwa, proposes that, after districts and cities elect their representatives, political parties should be allowed to nominate 50 additional MPs to represent special interest groups.
Mpuuga also seeks to amend the Local Governments Act to eliminate county councils, which were removed by government policy. He and Entebbe Municipality MP Michael Mbwatekamwa Kakembo are further proposing amendments to the Referendum and Other Provisions Act, empowering the Electoral Commission to organize referendums on the same day as presidential, parliamentary, and local government elections.
Uganda last implemented significant electoral reforms in March 2020, focusing mainly on the electoral process. The most notable change at the time was the amendment of the Electoral Commission Act to allow for the electronic transmission of election results from district returning officers to the National Tally Centre. Mpuuga’s proposed reforms, however, target the structure of government and the composition of Parliament, making them potentially far-reaching.