Wakilii

Mugarura v Attorney General (Constitutional Petition No. 23 of 2009)

Constitutional Court · [2015] UGCC 93 · 2015 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Constitutional petition under Article 137(3) challenging the appointment and parliamentary approval of Electoral Commission members
Decision
Petition dismissed; appointments and parliamentary approval of the Electoral Commission members upheld as constitutional

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Constitutional Court dismissed a petition challenging the reappointment of Electoral Commission members. The burden of proving that nominees lacked the proven integrity, considerable experience and demonstrated competence required by Article 60(2) lay on the petitioner, who failed to plead particulars; the nominees' CVs and electoral record showed the requisite qualifications. The Court further held that Parliament validly delegated its Article 60(1) approval power to the Appointments Committee under Article 90, so the Committee's approval need not be tabled before the whole House and the Rules of Procedure were not inconsistent with the Constitution. The continued occupation of office was therefore lawful.

Outcome

Petition dismissed; appointments and parliamentary approval of the Electoral Commission members upheld as constitutional

Facts

On 5 August 2009 the President recommended the reappointment of Engineer Badru Kiggundu as Chairperson and Joseph Biribonwa as Deputy Chairperson of the Electoral Commission, together with Tom Buruku, Jenny Okello, Stephen Ongaria and Christine Mugabi as members, and forwarded the names to the Speaker of Parliament. The Appointments Committee of Parliament approved the appointments. The petitioner, claiming to be an aggrieved person, challenged the appointments, contending that the nominees lacked the proven integrity, considerable experience and demonstrated competence required by Article 60(2) and that prior court decisions had found the commissioners wanting in earlier elections. He also contended that approval by the Committee, without confirmation by the whole House, contravened Articles 60(1) and 89. The nominees' curricula vitae and the Commission's record of organising the 2005 referendum and subsequent elections were placed before the Court.

Issues

  1. Whether the petition discloses a matter for constitutional interpretation.
  2. Whether the President's appointment of the Electoral Commission chairperson, deputy chairperson and members is inconsistent with or contravenes Article 60(2) of the Constitution.
  3. Whether the approval of the appointments by the Appointments Committee of Parliament, rather than the whole House, is inconsistent with or contravenes Article 60(1) and (2) of the Constitution.
  4. Whether the continued occupation of office by the said commissioners is inconsistent with or contravenes Article 60 of the Constitution.
  5. Whether the petitioner is entitled to the reliefs prayed for.

Orders

  • Petition dismissed for want of merit.
  • Each party to bear its own costs.

Rules and key headnotes

Constitutional Petitions — Article 137(3) — Disclosure of a Matter for Constitutional Interpretation
A constitutional petition discloses a matter for interpretation where it identifies the act complained of, the articles of the Constitution alleged to be contravened, and the reliefs sought.
Electoral Commission — Qualifications of Members — Article 60(2) — Integrity, Experience and Competence
To qualify as a member of the Electoral Commission under Article 60(2) a person must possess high moral character and proven integrity, considerable experience in the conduct of public affairs, and demonstrated competence in the conduct of public affairs.
Burden of Proof — Challenge to Constitutional Qualifications — He Who Alleges Must Prove
A petitioner alleging that an appointee lacks the integrity, experience or competence required by Article 60(2) bears the burden of pleading and proving clear particulars of the deficiency; a bare averment of ignorance of the nominee's integrity does not discharge that burden.
Parliament — Delegation of Approval Power — Appointments Committee — Article 60(1) and Article 90
Parliament may, through its Rules of Procedure made under Article 90, validly delegate to its Standing Committee on Appointments the power to approve presidential nominees under Article 60(1); such delegated approval need not be tabled before or voted on by the whole House.
Constitutional Interpretation — Plain Meaning Rule — Presumption Against Legislative Error
Where the words of the Constitution are clear and unambiguous they must be given their plain, ordinary and natural meaning, and the legislature is presumed to have intended what it expressly enacted; a requirement absent from the text will not be implied.
Separation of Powers — Internal Functions of Parliament — Non-Interference by Courts
The approval of a nominee for public office by a parliamentary committee is an internal democratic function of Parliament with which the court will not interfere so long as it is exercised within the confines of the Constitution and the Rules of Parliament.

Legislation cited (12)

Cases cited (6)

  • Baku Raphael v Attorney General (Constitutional Appeal No. 1 of 2003)
  • Ssemwogerere and Others v Attorney General (Constitutional Appeal No. 1 of 2002)
  • Oulanya Jacob v Attorney General (Constitutional Petition No. 25 of 2006)
  • Kizza Besigye v Electoral Commission and Yoweri Kaguta Museveni (Election Petition No. 1 of 2006)
  • Attorney General VS Major General David Tinyefuza
  • Kamba Saleh v Attorney General (Constitutional Petition No. 38 of 2012)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Mugarura v Attorney General (Constitutional Petition No. 23 of 2009) [2015] UGCC 93 (29 September 2015)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.