MPs, some of whom went to school with Deputy Attorney General, Jackson Kafuuzi, were left in shock after he defended first son and Chief of Defence Forces (CDF) Gen Muhoozi Kainerugaba’s utterances on the national army, the Uganda People’s Defence Forces (UPDF), blocking civilians angling to succeed his father Yoweri Kaguta Museveni, Uganda’s ruler of nearly four decades.
Through his X account, Gen Muhoozi Kainerugaba made it clear that “no civilian will lead Uganda after President Museveni” because “the security forces will not allow it,” and that ‘the next leader will be a soldier or policeman.”
During September 24, 2024 plenary, Kira Municipality MP Ibrahim Ssemujju Nganda raised the matter of Gen Muhoozi Kainerugaba violating legal provisions on UPDF officers desisting from engaging in partisan politics.
“I want to draw you to the utterances made by Muhoozi Kainerugaba who is the Chief of Defence Forces himself. First, that after his father the President, no civilian will be President in Uganda. Two, that as CDF, he has now endorsed the NRM Chairman for the next Presidential elections,” Ssemujju reminded the House.
“These two issues go against the core principles of this Constitution that a CDF, a military officer is endorsing the candidate of a political party and he is also issuing threats that no civilian will be President after his father – that the Army will not allow [any civilian successor].
Ssemujju asked Deputy Speaker Thomas Tayebwa to task the defence minister to respond to the utterances. “We have UPDF officers here but most of the time they are here quiet [as] they fear to tarnish the name of UPDF. But there is one who is consistently breaking all the limitations in the constitution,” submitted Ssemujju.
“The constitutional order is being overthrown when we are looking on. Using your power, can you ask the government to explain why a particular UPDF officer can be allowed to overthrow the constitution, announce which candidate to support and issue threats to civilians that the army will not allow a civilian to be President in Uganda?”
KAFUUZI DEFENDS MUHOOZI UTTERANCES
In response, Deputy AG Kafuuzi reasoned that just like any other Uganda, Gen Muhoozi Kainerugaba should be left to enjoy his freedom of expression and right to form opinions. To Kafuuzi, the Constitution does not take away the CDF’s freedoms and rights.
“Article 208 which says UPDF shall be subject to civilian authority does not take away a right to have an opinion, freedom of expression. The rights and freedoms enshrined in Article. Chapter 4 of the Constitution is one in which the bill of rights is enshrined and at no time does the Constitution [indicate] that Article 208 ousts Chapter 4 of the Constitution,” Kafuuzi defended Muhoozi.
“Being a military man doesn’t put you outside the ambits of Chapter 4 of the Constitution. You retain the right to express yourself, you form a right to form an opinion.”
The deputy attorney general even painted a scenario that would put the first son in trouble with the law: “if he was ferrying ballot papers and voter material for a particular party.” But even then, Kafuuzi argued, “each case would be adjudged based on its facts.”
MPS TRASH KAFUUZI’S DEFENCE
MPs, some of them lawyers, found it troubling that the deputy attorney general had used freedoms and rights to defend a top military officer threatening to violate the constitution and Uganda People’s Defence Forces Act. Shadow Attorney General Wilfred Niwagaba said he was disappointed that he went to school with Kafuuzi.
Niwagaba, also the Ndorwa East MP, was unhappy that Kafuuzi was watering down a key issue raised by Ssemujju.
“All along I thought I went to the same Law School as my learned friend until today. Well, I am not saying that I am disappointed because he has expressed his opinion…
“That a serving military officer, who is at the helm of the UPDF currently, comes out and make statements that not only contravene Article 208 of the Constitution, but also the UPDF Act itself. And the Deputy Attorney General comes and defends that kind of conduct as part of the freedoms of expression and opinion, well knowing that some freedoms are subject to the law.”
Also annoyed was Busiro East MP Medard Ssegona who sought to expertly call the deputy AG’s response “stupid.”
“I went to the same, not only Law School but the same High School as the Deputy Attorney General. I am not disappointed because one core thing we were taught is to express the opinion and the Supreme Court of this land has ruled in Andrew Mwenda and Charles Onyango Obbo Vs Attorney General that the person has a right to express, even a wrong opinion, I was going to say, outside Parliament, even a stupid opinion, but fearing you Deputy Speaker, I opted to refrain,” submitted Sseggona.
Last week, Gen Muhoozi Kainerugaba made his big announcement on running for president in 2026, adding that he fully endorses his father for reelection. One of his key mobilizers, now a junior minister, has said that God had told Muhoozi that he would be president in 2026 but changed his mind. (SeeDetails Here and There).
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