The Attorney General has Wednesday addressed concerns raised yesterday by Dr Benjamin Alipanga, who is challenging parliament’s efforts to amendment Article 102 of the constitution, when the Constitutional Court is currently handling a petition on this matter of the Presidential Age Limit.
Mr Alipanga yesterday wrote of the speaker of parliament Rebecca Kadaga reminding her of a petition he filed in 2014 to the Constitutional Court, seeking interpretation of among others Article 102.
In the meantime, in his petition, he asked the court to order parliament not to amend or attempt to amend the article and several other articles that he listed.
The court has never pronounced itself on the matter.
Alipanga argues that parliament entertaining Hon Raphael Magezi Bill to amend Article 102 undermines the authority of the court.
Responding to this, AG Mwesigwa said today that neither the Constitutional Court, nor any other court has the authority to “stifle the operations of parliament.”
He said, “The fact is that the court could not have decreed or ordered parliament not to carry out its mandate of amending laws.
“No court can give an order to parliament limiting it from carrying out its mandate of making laws. Amending laws is one of the ways that parliament fulfills its mandate.”
It should be remember that in January this year, Speaker Rebecca Kadaga threw out a court order that had been issued by the Deputy Chief Justice Stephen Kavuma, blocking parliament from investigating a scandal that involved government officials that shared amongst themselves Shs. 6billion, that came to be known as the Presidential Handshake.
Terming is as a “stupid court order,” Kadaga proceeded to write a letter to President Museveni protesting what she said was the Judiciary’ connivance with Civil Society to interfere with the works of Parliament.
The Court petition was later withdrawn by the petitioner with apologies.