Ssepembwa asks MPs to 'reject' PSC proposals

As the Parliamentary Select Committee went about reviewing the harmonised draft constitution in Naivasha, it has emerged that a member of the Committee of Experts has been urging the rest to reject some of the MPs’ proposals.

It is said that, on Wednesday, Prof Frederick Ssepembwa from Uganda sent an advisory to his chairman, Mr Nzamba Kitonga, on how the CoE should “react to the PSC”. It has, however, been difficult to verify this information from Prof Ssepembwa, who is currently out of the country.

On Friday, Mr Kitonga, when reached on phone, denied the existence of such communication. However, two other experts have since, in confidence, said the matter will come up for discussion next week.

“I have not received such a document and can only comment on it if I see it,” Mr Kitonga said. “If you have it maybe you may come with it and we discuss it maybe on Monday.”

The ‘Saturday Nation’ first learnt of the move earlier this week, but could not verify the information as Mr Kitonga and CoE director Ekuru Aukot did not reply to our queries.

The document, allegedly authored by Prof Ssepembwa, is titled: ‘HOW TO REACT TO PSC (EFS/RHDC/PSC/27/01/10, where the initials EFS are said to stand for E. Fredrick Sspembwa.

The document starts by saying: “Without the proposals from PSC, it is doubtful whether we can chart out a worthwhile strategy. These are my thoughts towards developing a strategy.”

It adds that the CoE should reject the PSC’s recommendations if they do not tally with those of the previous drafts — CKRC, Bomas and Wako. If a system (executive and legislature) is agreed upon in all the documents, there is hardly any justification for proposing a change.

“For example, were PSC to propose that the system of devolution be abandoned, CoE would have to reject this,” the document points out. “ Equally, the CEO would have to reject a proposal for an imperial president or prime minister.”

It also reads that a proposal to change the system of government from hybrid to a parliamentary or presidential one would be acceptable if it reflected a political consensus. The caveat is that a system of checks and balances remains a must, it adds.

The author proposes that the director request that the PSC proposals be accompanied by a report containing rationalisations of changes on the substance.