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The Proposed Federal Executive |
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By
W. B. Kyijomanyi As we debate
what kind of presidential model we want under a federal Uganda, keep
track of how the incumbents in Uganda's unitary system behave. The rule
seems to be that Ugandan Presidents do no wrong. On the other
hand, Presidents
in the US and Latin American presidential model are very strong but they
do not come close to having absolute powers. Presidents nominate
candidates for certain offices who are vetted and either confirmed or
rejected. In some cases, both the executive and legislative arms of
government have nominating power. In the US for example, members of most
regulatory agencies must come from both parties - the President
nominates his party's choices, and the senate leadership of the other
party, its representatives. The same should apply in Uganda. In countries
where politicians are accountable, you have institutions that matter.
They matter because they exercise sufficient checks and balances to
ensure competition for power across the judicial-executive-legislative
braches. Any system that might not ensure sufficient competition to
preclude the emergence of too much power in too few hands in Uganda must
be rejected. The only system that can avoid that is a
presidential-congressional {two legislative houses} and NOT the
parliamentary system we currently have in place. Under the former, there
would be no need for the office of Prime Minister. Although the former
system produces fewer incentives for legislative cohesion than the
latter, it is far better in ensuring separation of powers within the
three branches. It
also means that cabinet members will no longer be ex-officio/members of
parliament. A President will nominate her/his ministers from the widest
possible pool of her/his party or even outside her/his party. This
separation of powers in congressional regime produces SMALLER
GOVERNMENTS {emphasis added}, with less waste. Cabinet will no
longer meet and bulldoze through any spending, as is currently the norm
in Uganda (as it is in other parliamentary systems). Separation of
powers with different terms of service enables voters to discipline the
politicians, which reduces waste and moderates the tax burden. The sharp
conflict of interest among politicians (members of the same political
party may not have similar agendas, a President in the US does not
always get what he wants even from congressional houses dominated by his
party, yet in a parliamentary system, the Prime Minister/President gets
whatever the party caucus suggests}. Dr. Obote and Mr. Museveni
could/can get whatever they decided/decide without a sweat. That is why
Uganda is now hurting, because there was/is too much legislative
cohesion, which is not necessarily a good thing. Our history and present
times illustrates how things may have been/could be different if we had
the proper checks in place. A President should be told "NO, Mr.
President" without fear ending up in Luzira or six feet under. This
is only possible under a presidential-congressional arrangement. This is
so because the institutional design creates the right trade-offs. A well
functioning Presidential regime performs better in terms of
accountability, thanks to the conflict of interest between the executive
and legislature. We are suggesting that members of the lower house face
voters every 3 years, senators every 6 years and presidents every 5
years, to avoid collusions that would reap off voters through wasteful
expenditures and outright theft, Valley dam style. How
will cabinet ministers then be accountable? Several times during the
year, they will have to appear before the relevant house committees for
public scrutiny, where they will have to defend/justify their budgetary
expenditures/requests. The beauty with this arrangement is, ministry
budgets may be held up until full accountability is forthcoming from
cabinet members. Note the shift of powers from cabinet to the elected
houses of parliament who will have the agenda-setting powers through the
powerful standing committees in legislatures (lower house and senate).
The houses will vote directly on each budget proposal, thus making it
possible to reject one wasteful department's budget without necessarily
holding up other departments. Bear in mind that such proposals must
mussel support from similar committees in both houses, making collusion
much harder, and increasing accountability in the process. Under this
arrangement, Ugandans will not miss cabinet (over) rule at all. |
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