Another Perpetuation of Incumbency through the Supreme Law: The Conceptualisation of the Presidency under the 1995 Constitution of Uganda

Authors Fredrick Sekindi

ISSN: 2521-5434
Affiliations: Legal Adviser at Hackney Citizens Advice
Source: Africa Journal of Comparative Constitutional Law, 2016, p. 90 – 130

Abstract

The article discusses presidential authority as conceptualised by the fundamental laws that Uganda has adopted since it was declared a British Protectorate in 1894. Focusing on the Constitution of Uganda of 1995, the article argues that just like erstwhile fundamental laws, it was imposed on the country with the primary purpose of entrenching President Museveni in power, which is demonstrated by an analysis of the nature of the presidency that the Constitution establishes. The article proceeds to analyse how President Museveni has exercised the powers and privileges granted to the presidency under the Constitution with almost no legal constraints, including by perpetuating his incumbency in office without the possibility of him being removed through a constitutional process.