By The Constitutional Court has deferred the preliminary hearing of a petition challenging the appointment of Members of Parliament (MPs) to cabinet roles to January 23. The delay is intended to give the Attorney General’s office, the sole respondent, more time to file a defense nearly a year after the petition was filed.
Filed on January 24, 2024, by city lawyer Michael Aboneka and the Civil Society Organisation Walezi Wa Katiba Foundation, the petition argues that appointing lawmakers to cabinet positions undermines the separation of powers and legislative independence, violating constitutional provisions including Articles 1, 8A, 59, 78(1)(3), 79, and 85(2). Petitioners are demanding that MPs in dual roles vacate their cabinet positions and refund any benefits received to uphold constitutional integrity.
Hearing on City and Municipal Woman MP Representation
In a related development, the Constitutional Court will hold a preliminary hearing next Thursday for a petition challenging the legality of creating city and municipal woman parliamentary positions. The file will then be forwarded to a full panel of justices for determination.
Petitioners, including Alliance for Finance Monitoring, Walezi Wa Katiba Foundation, and Peter Magelah Gwayaka, argue that the constitution permits only one district woman MP per district. They contend the additional city and municipal seats contradict constitutional provisions and are therefore illegal.
“The creation of parliamentary seats for municipalities not envisaged as part of parliament violates Articles 1, 8A, 59, 63, 176, 181(13), and 207 of the constitution,” the petition states.
Call for Timely Resolution
After the court session before registrar Susan Mugala, lawyer Aboneka urged the judiciary to expedite the cases before the 2026 general elections.
“We hope these petitions will be resolved swiftly to protect constitutionalism,” Aboneka remarked. “Their timely resolution is critical for good governance and ensuring constitutional principles are upheld.”
