KAMPALA, Uganda | A petition contesting the power of President Yoweri Kaguta Museveni and the National Resistance Movement (NRM) to name the party’s secretary general, treasurer, and deputies was denied by the Constitutional Court.

In an attempt to remove then-secretary general Patrick Amama Mbabazi, who had indicated interest in running against President Museveni for party chairman, the NRM changed its constitution in 2014 to do away with the election of the secretary general, treasurer, and their deputies.

Museveni replaced Mbabazi as Secretary General with Justine Kasule Lumumba following changes to the NRM constitution. Disappointed, party member Hamzah Kagimu filed a petition with the Constitutional Court, claiming that the amendments violated the Political Parties and Organisations Act and their constitution.

Judges Moses Kazibwe Kawumi, Hellen Obura, Dr. Asa Mugenyi, and Eva Luswata ruled that the NRM had the right to implement these changes in order to improve party management.

The four members’ respective positions at the secretariat make it clear that their appointment to the three organs is so they can carry out their mandate, which is primarily administrative rather than political. The Justice made a decision.

The secretariat coordinates the activities of all other organs, they added, and this must be emphasised. In order to effectively coordinate the second respondent’s activities, the appointment of the four office bearers to the National Conference, National Executive Council, and Central Executive Committee should be interpreted as an internal organisational matter.

In their ruling, the justices concurred that it would be against Article 71(d) of the Constitution if they were given the same rights as other elected members when appointed to the corresponding committees.

In contrast to the majority, Justice Fredrick Egonda-Ntende maintained that the NRM constitutional amendments were invalid because they were in conflict with the constitution’s provisions.

“A political party’s or organization’s constitution is not a law.” It is an agreement or pact that binds the members of that organisation or political party in the way their party conducts its affairs. Because it is more convenient for such an organisation or party to conduct its affairs, that constitution cannot supersede the national constitution. According to Justice Fredrick Egonda-Ntende,

According to Justice Fredrick Egonda-Ntende, the Latin expression “ex officio” simply indicates that a person holds a position by virtue of their office rather than being elected or appointed in another manner. It only has to do with how someone is appointed to that position; it has no bearing whatsoever on membership. By virtue of their positions, the aforementioned officials in this case are members of the national organs of the NRM.