
The Ugandan Parliament’s Power to Censure a Cabinet Minister: Understanding Article 118 of the Constitution in the Light of its Drafting History
Author Jamil Ddamulira Mujuzi
ISSN: 2411-7870
Affiliations: Professor, Faculty of Law, University of the Western Cape
Source: Fundamina, Volume 30 Issue 2, p. 125-144
https://doi.org/10.47348/FUND/v30/i2a4
Abstract
Article 118(1) of the Constitution of Uganda, 1995 empowers Parliament to censure a cabinet minister on any of the grounds mentioned therein. In such an event, article 118(2) authorises the president to take appropriate action unless the minister resigns. The Constitution does not describe or define what “appropriate action” means. This contribution looks at the drafting history of article 118 to argue, inter alia, that the drafters intended the president to dismiss the minister upon censure by Parliament. The study relies on similar practices in other countries, such as Ghana and Seychelles, to suggest that there is a need to amend article 118 of the Constitution of Uganda to specify the action(s) the president is required to take once Parliament has censured a minister.