The Deputy Attorney General, Jackson Kafuuzi has defended the Chief of Defence Forces (CDF), Gen Muhoozi Kainerugaba following his recent utterances that no civilian will rule Uganda.
On Saturday, Muhoozi, who is also the First Son, stated on X (formerly Twitter), that the security forces would not allow a civilian to lead Uganda after President Museveni leaves office.
"No civilian will lead Uganda after President Museveni. The security forces will not allow it. The next leader will be a soldier or policeman," Gen Muhoozi posted.
The remarks have since stirred debate among some legislators led by Kira Municipality MP, Ssemujju Nganda, who, on Tuesday, demanded government's response to the CDF's statements which he said were partisan and threatened constitutional order.
Responding to Ssemujju's request, Kafuuzi, defended Muhoozi, arguing that the CDF has freedom of expression and a right to form an opinion just like all Ugandans.
Quoting Article 208 of the Constitution, which says UPDF shall be subject to civilian authority, Kafuuzi said the law 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 or rights is enshrined and at no time does the Constitution that Article 208 ousts Chapter 4 of the Constitution. 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," Kafuuzi said.
"It would be different if he was ferrying ballot papers and voter material for a particular party and even then, if he has to do it for security purposes. Under the circumstances, each case would be adjudged based on its facts," added Kafuuzi.
However, Kafuuzi's remarks were met with opposition from some MPs who questioned the Deputy AG's legal prowess, considering the constitution bars serving officers from engaging in partisan politics.
"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, but I think it is vulgarizing a very important matter that Ssemujju has raised," Wilfred Niwagaba, the Shadow Attorney General said.
He added, "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."
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Busiro East MP, Medard Sseggona punched holes in Kafuuzi's utterances, wondering how someone he went with to the same law school could defend Muhoozi's "violation" of the constitution.
"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," Sseggona remarked.
Sseggona, also asked the Deputy Speaker to subject Muhoozi's utterances to a Parliamentary investigation, arguing that his denouncement of civilian rule threatens the safety of Ugandans.
"I thought that the right way of dealing with this would be referring this matter for an investigation irrespective of who is involved because it is about our lives, it is about the safety of everybody in this country, it is a matter that should be investigated," Sseggona suggested.
