By Max Patrick Ocaido
Candidates contesting for presidential and parliamentary positions will have their source of funding restricted if the new Bills on electoral reforms are passed.
The Attorney General William Byaruhanga last week tabled the bills on electoral reforms that are among others expected to address the issues raised by the Supreme Court in the Amama Mbabazi Vs Yoweri Museveni 2016 election ruling.
The bills tabled include; the Parliamentary Elections (Amendment) Bill, 2019, the Presidential Elections (Amendment) Bill, 2019, the Electoral Commission (Amendment) Bill, 2019 and the Local Governments (Amendment) Bill, 2019. The Bills are currently before the committee on legal and parliamentary affairs.
A sneak peek of the Parliamentary Elections and Presidential Elections Bills shows that among other purposes, the two Bills intend to provide for restrictions on candidates' sources of funding to finance elections.
For example, the Presidential Elections Bill intends to amend section 22 of the Presidential Elections Act, 2005 where presidential candidates shall declare to the Electoral Commission, within 14 days after nomination day, the source of funds for financing his or her election.
Section 22 (4) of the Presidential Elections Act, 2005 states that, 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.
The new bill now proposes for a new section which states that “the candidate shall not also 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”.
This new proposed law affects both presidential and parliamentary candidates. According to the bills, a candidate or a candidate's agent who contravenes this section commits an offence and could face a 5year sentence in prison upon conviction.
In other clauses, a person intending to contest as President or MP will only be eligible to stand for election as an independent if that person is not a member of a registered political party or organization having ceased to be a member of a political party or organisation 12 months before nomination day or having never been registered as a member of a political party or organisation.
In a bid to avoid electoral malpractices such as forgery of academic papers, the new bill intends to amend section 10 of the Presidential Elections Act, 2005 to allow candidates to submit to the Electoral Commission a certified copy of the Certificate of Education of Advanced Level standard or its equivalent.
