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The Uganda Law Society (ULS) has cautioned Victoria University vice chancellor Dr Lawrence Muganga against inflaming tribal and ethnic tensions, urging him instead to focus on addressing legal questions surrounding his citizenship status.
President Yoweri Museveni recently appointed Muganga as Minister of State for Internal Affairs. However, concerns over his eligibility emerged during the parliamentary vetting process after reports indicated that he had held Ugandan, Canadian and Rwandan passports.
Muganga, who maintains that he was born in Uganda and whose mother is buried in Seeta, Mukono district, has since questioned the vetting process and, in particular, accused deputy speaker Thomas Tayebwa of opposing his appointment.
In several media interviews, Muganga has argued that his rejection was motivated by prejudice against his Rwandan ethnic background rather than concerns over dual citizenship.
He contends that other ministerial nominees who faced similar citizenship-related questions were approved by the same appointments committee.
However, in a statement issued, the Uganda Law Society urged Muganga to refrain from personal attacks and instead address the constitutional and legal requirements governing eligibility for public office.
The lawyers’ body also warned Muganga and his supporters against portraying scrutiny of his eligibility as evidence of anti-Rwanda sentiment, tribalism or racism.
“Such statements, made without verification, risk polarizing public debate, weakening respect for the rule of law, and shifting focus from the constitutional requirements at stake,” the statement said.
In a separate interview, ULS president Isaac Ssemakadde said Muganga should avoid introducing issues unrelated to the legal questions under consideration.
“He is strongly cautioned to cease and desist from stoking fires that have nothing to do with the ongoing vetting process. He should simply focus on what the law requires, not what he desires it to be,” Ssemakadde said.
According to the ULS, Article 15(7) of the Constitution empowers parliament to prescribe public offices that cannot be held by persons with dual citizenship.
The Governing Council noted that Section 23 of the Uganda Citizenship and Immigration Control Act, together with the Fifth Schedule to the Act, bars dual citizens from holding specified state offices, including those of cabinet ministers and ministers of state, unless parliament amends the schedule through a resolution.
The society emphasized that citizenship is ordinarily a private matter but becomes a legitimate subject of public scrutiny when an individual seeks appointment to a high public office, particularly one involving national security responsibilities.
The ULS said it does not ordinarily investigate or pronounce itself on citizenship matters. However, it was compelled to comment after Muganga publicly addressed issues surrounding his vetting process through social media and media interviews.
The society stressed that its position should not be interpreted as opposition to dual citizenship, noting that dual citizens remain valued members of Ugandan society.
It argued that the restrictions contained in the Fifth Schedule apply only to specific state offices and are intended to safeguard national sovereignty and ensure undivided allegiance by holders of sensitive public positions.
The ULS also renewed its call for greater transparency in parliamentary vetting processes.
It criticized Rule 171(2) of Parliament’s Rules of Procedure, which provides for closed-door vetting proceedings, and urged the 12th parliament to amend the rule to allow greater public participation and accountability.
The society further revealed that its Governing Council had resolved to formally request the report of Parliament’s Appointments Committee.
According to the ULS, the report will enable it to assess whether the vetting process complied with the constitutional and statutory requirements governing ministerial appointments.
The society called on the new parliamentary administration to release the report without delay. While reiterating that xenophobia and discrimination should be rejected in all forms, the ULS maintained that the matter should be viewed strictly as one of constitutional compliance and legal scrutiny rather than prejudice against any ethnic or national community.
“The ULS remains committed to the supremacy of the Constitution, the rule of law, and the protection of Uganda’s sovereignty,” the statement said.
Related
, https://observer.ug/news/uls-cautions-dr-muganga-against-inflaming-anti-rwanda-sentiments/
