MinBane

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Archive for the tag “Presidential Elections Act 2005”

Opinion: New strict campaign finance limits in the new Electoral Reforms…

I got to go at this law one more time, as there is one more consequential thing in it, that cannot be understated. This is real worry, because, this really limits the reach for the candidates, as they have to prepare in advance all the funds and everything before the elections. They have only two weeks to declare how they have raised funds, by whom and also the amount to able to campaign.

That is vital information, as this limits indirectly, the reach of the opposition and their campaigns. This should also stop the National Resistance Movement (NRM) from finding new funds, new money to suddenly have gifts, voter tourism and whatnot, which they didn’t announce two weeks after the nomination.

Take a look!

Section 22:

“(1b) candidate shall declare to the commission, within fourteen days after nomination day, the source of funds for financing his or her election.

“(4) (a) A candidate or candidate’s agent shall not- obtain, solicit or receive any financial or other assistance from any foreign Government, institution, body or person which or who has demonstrated an intention to overthrow the lawfully established Government of Uganda, or to endanger the security of Uganda;

(b) obtain, solicit or receive any financial or other assistance from an organisation which has been declared a terrorist organisation under the Anti-Terrorism Act, 2002” (Presidential Elections (Amendment) Bill, 2019).

The law is also scary vague on key components like the issue of financial or other assistance from foreign government, institution, body or person, whose intention is to overthrow a legal established Government of Uganda. This means, any sort of organization, whose funding is foreign and who works with governance could get into trouble to finance NGOs and others, which implies in a Multi-Party Democracy, that someone else than the incumbents should actually have the possibility to win. Alas, we know, in an Ugandan election that is impossible. Because, the House always WINS, sort of like the rigged Casinos.

This amendment is clearly stifling the ideas like we saw in the previous election, where the citizens gave gifts and donations all along, as Kizza Besigye travelled across the Republic to give small donations here and there. Clearly, because, the NRM and their allies want to underscore and know how much they have on the books and verify their sources. Since, we know, they will not tell how much of the State House budget, the OPM or others goes directly to the President and his team of associates. No, they will make a way to be the smooth operator, but this law is get more strings attached to the opposition.

By all means, no political party or candidate should be used a foreign party to intervene or to overthrow an government, neither should money or funding play into it. That is fine, but that the Electoral Commission needs to know 14 days after the nomination, are really limiting the scope for fundraising, especially with all the conditions put into play.

The rest of the law is straight forward and understandable by all accounts, it is a measure to secure where the funding is from and not laundering money from unsolicited sources, which can be connected to terrorism and other illegal activity, which is fine. That shouldn’t be the case anyway.

But it’s the rest that put real strains on a campaign and ensures, that the candidates have to have a vault of funds to able to campaign and be running in 2021. That is if this goes through parliament and becomes actual law. Peace.

Opinion: Are the electoral amendments a way of outlawing NRM’s own “Independent” MPs?

Well, the first initial reports of the Presidential Elections (Amendment) Bill of 2019 wasn’t accurate, the rumours and speculations wasn’t all truthful. Who knows who leaked it like that and for what reason. That is up to TVO to conspire and show the paperwork off. That is his dish to serve and he does it with such skills.

Alas, this piece will be about independents candidates and their eligibility as candidates. Because, that was also important in the leaks and also the associations between organizations/pressure groups and party members. There are still legal boundaries to this, but now more restrictions, than in the past. Just take a look.

9A. Eligibility to stand as independent candidate.

(1) A person is eligible to stand for election as an independent if that person is not a member of a registered political party or organisation having ceased to be a member of a political party or organisation twelve months before nomination day; or having never been registered as a member of a political party or organisation.

(2) An independent candidate shall be taken to have ceased to be a member of a political party or organisation under subsection (1) (a), if that person has complied with the constitution, rules and regulations of the political party or organisation to which he or she belonged, that relate to cessation of membership of that political party or organisation and was discharged by the political party or organisation.” (Presidential Elections (Amendment) Bill, 2019).

Well, this is straight forward, but this outlawing a practice, which has been done in most parties of late. Most notably in the National Resistance Movement (NRM) where the incumbent loser in any given district or county, have re-run as independent candidates, even while being members of the party. There was even meetings with about 20 Incumbent MPs who lost their Primaries in 2015 at the State House mid-December 2015 ahead of the 2016. Surely, there was also some more who ran on their own accord after losing their primaries earlier in the year. There was also a rise in the amount of Independent MPs in the 10th Parliament. This means, that this method will not be allowed from neither the UPC, DP, FDC or the NRM for that matter. Especially,as the NRM as they have had the most these type of candidates in the previous election.

What this also does, limits and restricts the Independents, meaning if they are Independent. They are not even running under an organization. This means, that possibly, running as independent while being part of People Power. Would be impossible, that is if I understand it correctly. That means, someone running for People Power or for Go-Forward in the previous election. Would have to be registered as member and therefore, not really independent. But aligned to the organization or the party. That would limit the ability for certain individuals.

The original law from 2005 stated only this for any candidate:

9. Sponsorship of candidates by political organisation or political party

Under the multiparty political system, nomination of candidates may be made by a registered political organisation or political party sponsoring a candidate or by a candidate standing for election as an independent candidate without being sponsored by a political organisation or political party” (Presidential Election Act 2005).

Clearly, that law was more liberal, more free and gave way to more various of ways into parliament or into public office. However, this is now showing that the NRM wants stop their own practice and also make the road to the 11th Parliament harder. Even for the guy himself inflicting this law. Who did use this method, the Minister of Justice Gen. Kahinda Otafiire ran as an Independent Candidate after losing the NRM Primaries. He lost twice, but got the Ministry still, because his one of the loyal subjects of the President.

Nevertheless, expect this to have ramifications. As this law is limiting the people running for Parliament. Unless, the NRM Primaries and others are held 13 months ahead of the up-coming elections. Also, that is if the Electoral Commission allows the parties to hold the Primaries early. Because something got to give. Peace.

Go Forward: Statement on Filling of Election Petition Challenging Process and Outcome of the Presidential Elections 2016 (01.03.2016)

Go Forward TDA 01.03. P1Go Forward 01.03.2016 P2

Letters of Certification from The Electoral Commission (EMT 19/01) on the Presidential Candidatures of flag-bearers of the NRM, the TDA and the FDC (Uganda, 02.10.2015)

YKMEC

AmamaEC

KBEC

Letter from Amama Mbabazi to the The Electoral Commission Uganda – “Re: Notice of intention to hold consultation under Section 3 of Presidential Elections Act 2005” (13.08.2015)

MP Amama Mbabazi Presidential Aspirant 2016-2021

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