Gen David Sejusa (L) and Speaker of Parliament Rebecca Kadaga. The Speaker warned the senior officer that he has broken the rules on MPs’ absence from Parliament.
KAMPALA
House Speaker Rebecca Kadaga yesterday set into motion a process which could end in the ejection of Gen David Sejusa from Parliament where he occupies one of 10 special interest seats set aside for the Army.
Ms Kadaga warned the senior officer, who is a member of the Army High Command and was a Bush War comrade of Mr Museveni, that he has broken the rules on MPs’ absence from Parliament. He must now be present in the House at the next sitting, she said.
The ultimatum was contained in a letter which she read out to the morning plenary session.
The Speaker observed that he had applied for three weeks leave on April 29 saying he was away on official duty. And that on the expiry of his earlier leave on May 21, he on May 24, asked for another leave, which was granted. However, the Speaker said that the Chief of Defence Forces had on August 16 replied to her inquiry about his status when he again applied for another extension denying that General is away on official duty of the army.
“I therefore decline your request as you have not shown sufficient cause justifying the extension of leave of absence from the House as required under Rule 101(2) of the rules of Procedure of Parliament,” the Speaker’s letter said.
According to the quoted rule, the Speaker may give leave of absence to any member who shows sufficient cause justifying his or her absence or who is away on official parliamentary duties.
Ms Kadaga said her records indicate that Gen Sejusa has been absent from the House without permission for more than 15 sittings of the House in contravention of House Rule 101(6) which provides that members can only be absent with permission of the Speaker for 15 or more sittings when the House is continuously meeting.
An emailed comment the General sent to the Daily Monitor in response, however, suggested that he bears her no ill-will. “I refuse to fight with the Speaker, I refuse to fight with that Parliament. I respect the Speaker tremendously but also understand the pressures and dangers she faces. The logical thing would be to challenge this in court. But the struggle I have undertaken requires me to do otherwise,” the email said in part.
Following months of uncertainty about how the ‘Sejusa Affair’ would end, Ms Kadaga’s ultimatum to the General to be present, in effect, by this morning when Parliament is expected to have its next sitting, gave the former coordinator of intelligence services 24 hours to comply.
The ultimatum was contained in a letter which she read out to the morning plenary session. Ever since his departure for the United Kingdom early this year, Gen Sejusa has consistently questioned the democratic credentials of the country’s leadership, pointed at the regime’s failure to respect constitutionalism and its disregard for the rule of law.
Gen Sejusa ran into trouble with the regime over a letter written to the director general of the Internal Security Organisation, asking him to investigate reports of a plot to assassinate senior government officials (including himself) thought to be opposed to “the Muhoozi Project”.
The ‘Muhoozi Project’ refers to a purported plan to have President Museveni’s son, Brig Muhoozi Kainerugaba, succeed his father as President. Senior government officials have vigorously denied the existence of such a plan. But on August 20, the army warned that what it called the General’s allegations “are treasonable” and that he could also be charged with desertion and failure to protect classified documents, among other offences.
Yesterday, Gen Sejusa said: “First, I want to thank the Right Honourable Speaker of Parliament for her perseverance and courage when she extended my leave of absence for the first time...”
Gen Sejusa said he has instructed his lawyers to draft a detailed statement showing how the matter ought to have been handled.
“Personally, my struggle is a political struggle that goes beyond my presence in Parliament. My insistence was to require that the law be followed and institutions be allowed to function independently. The regime has failed in both… Therefore, for our purposes there is nothing more to prove,” the officer said.
He said that going to court to “challenge the Speaker’s ruling would be fighting the wrong enemy”, noting that “those who fight wrong enemies never win wars.” Under the House Rules, the next course of action lies at the Speaker’s desecration, including the possibility of referring Gen Sejusa’s conduct for investigation by the relevant House committee which may, or may not, then recommend his defenestration from Parliament.
What happens now
According to House Rule 101(8), where any member persists in absenting himself or herself from sittings of the House after having been warned by the Speaker, the member’s conduct shall be referred by the Speaker to the Committee on Rules, Privileges and Discipline for investigation. The member under investigation is entitled to be heard in person or to be represented by counsel of his or her choice.
In Rule 101(10), where the Rules Committee proves the allegations against a member which were referred to it for investigation against, it will compile and table a report in the House for debate on the basis of the findings. The whole House is at liberty to either amend or adopt the recommendations of the Rules committee as to what action follows.
16 September, 2013
Hon. Gen, David Sejusa
MP (UPDF Representative)
RE: Continued absence from sittings of the House
As you may recall, on the 29th day of April, 2013, you sought my permission to be away from Parliament for three weeks, which I granted, commencing on the 30th day of April, 2013. Your leave ought to have expired on the 21st day of May, 2013.
On the 24th day of May 2103, through your lawyers, Luzige, Lubega, and Co Advocates you did inform me of your intention to extend your absence from the House on the ground that you were still on official duty. You made a further request for extension of the official leave for a period of 3 (three) months on 16th August 2013 through your lawyers, Luzige, Lubega, Kavuma and Company Advocates.
Recognising that you were away, not on Parliamentary duties and before granting your request for extension of leave, I contacted the Chief of Defence Forces (CDF) to establish your status as regards official duty. The response from the CDF, contained in a letter dated 16th August 2013, under Ref: UPDF/CDF/570/A is to the effect that “as far as UPDF is concerned, Hon. Gen. Sejusa is not on any official duty of the UPDF”.
I therefore decline your request as you have not shown sufficient cause justifying the extension of leave of absence from the House as required under Rule 101(2) of the Rules of Procedure of Parliament which provides that:
(2) Leave of absence may be given by the Speaker to any member who shows sufficient cause or who is away on official or parliamentary duties.
In any event my records now indicate that you have been absent from the House without the permission of the Speaker for more than 15 fifteen sittings of the House. In the circumstances, I note that your continued absence from the House is in contravention of Rule 101(6) of the Rules of Procedure of Parliament which provides that:
(6) except with the permission of the Speaker, a member shall not absent himself or herself from 15 or more sittings of the House during any period when the House is continuously meeting”.
I am now constrained to invoke the powers of the Speaker under rule 101(7) of the Rules of Procedure of Parliament. I hereby give you a warning for your continued absence from the House, and accordingly require you to attend the House at the next sitting of Parliament.
Rebecca A. Kadaga (MP)
Speaker of Parliament of Uganda