By David Serumaga
OPINION
A few days ago, renowned lawyer Gawaya Tegulle filed a petition in the Constitutional Court. He is challenging the promotion and appointment of three key figures: the Chief of Defence Forces, Gen. Muhoozi Kainerugaba; the First Lady and Minister of Education, Hon. Janet Museveni; and Gen. (Rtd) Caleb Akandwanaho, also known as Salim Saleh, who serves as Senior Presidential Advisor on Security and Chief Coordinator of Operation Wealth Creation.
Mr. Tegulle argues that Gen. Muhoozi’s appointment as Chief of Defence Forces goes against Article 208 (2) and (3) of the Constitution. However, Section 8 (1) and (2) of the UPDF Act 2005 grants the President, as Commander in Chief of the Defence Forces, the authority to appoint the Chief of Defence Forces. This role places the appointee in charge of commanding, controlling, and managing the Defence Forces.
In my view, Mr. Tegulle seems uninformed about how the UPDF operates and the powers vested in the appointing authority over military officers. It’s surprising that a civilian like him is seeking media attention by challenging the Commander-in-Chief, as matters concerning the army are handled by soldiers, not by civilians like Mr. Tegulle.
I would like to remind Mr. Tegulle of Article 201 of the Constitution, which grants Parliament the authority to regulate the Uganda Peoples’ Defence Forces, not private law firms.
Mr. Tegule should carefully consider that his petition is unlikely to succeed, given the principle of Separation of Powers, a key element of the rule of law. Bringing the courts into executive matters and the running of the state reflects a lack of sound judgment from a lawyer of his standing.
If he is unclear about the role of Gen. Salim Saleh, he should seek a meeting with the President to be briefed on the responsibilities of the Special Presidential Adviser on Defence and Security.
To drive the country’s socio-economic transformation, with a focus on increasing household income and promoting wealth creation by turning subsistence farmers into commercial ones, the President appointed his brother, Gen. Salim Saleh, as Chief Coordinator of Operation Wealth Creation to lead this initiative. Article 99 (4) of the Constitution allows the President to carry out his duties either directly or through officers under his authority. This explains Gen. Salim Saleh’s appointment and clarifies where he gets the authority to access and use State resources. Such a large-scale and long-term national campaign cannot be conducted without state resources.
It is surprising that, despite his time in the legal field, Mr. Tegulle appears to have overlooked Article 113 of the Constitution, which grants the President the authority to appoint Cabinet Ministers with Parliament’s approval. This means it is Parliament’s role to assess these appointments and reject those unfit for cabinet positions.
Parliament’s decision not to oppose the First Lady, Hon. Janet Kataha Museveni’s appointment as Minister of Education and Sports shows that her selection was based on her capability to effectively manage the Ministry, not her relationship with the President.
In the case of CEHURD and Others Vs AG, Constitutional Petition No. 16 of 2011, it was ruled that the court will only intervene in executive matters when individual rights are violated, and only to protect those rights; beyond that, the court has no role.
It is clear that the President has the discretion to appoint anyone he finds suitable to serve in any ministry, directorate, or government agency, whether as a Minister, CDF, or other leader, without restrictions based on their relationship with him.
I see no merit in Mr. Tegulle’s current claim, and the court cannot dictate to the President whom to appoint or not appoint.
The Writer is a Student of Law from Islamic University In Uganda.
