[2019] UGSC 11

[2019] UGSC 11

Section 5 of the Parliamentary (Remuneration of Members) Act is unconstitutional to the extent that it allows Parliament to amend the Schedule to the Act, thereby increasing members' emoluments, without requiring that such motions or bills be introduced on behalf of Government as mandated by Article 93 of the Constitution. The emoluments constitute a charge on the Consolidated Fund, and Article 93 imposes a mandatory restriction that only Government may initiate such financial legislation. The Constitutional Court correctly interpreted the relevant constitutional provisions harmoniously, ensuring that Parliament's authority under Article 85 is subject to the procedural safeguards of...

Citation
[2019] UGSC 11
Parties
Appellant: Parliamentary Commission; Respondent: Mwesigye Wilson
Court
Supreme Court of Uganda
Jurisdiction
Uganda
Judgment Date
25 July 2019
Procedural Posture
Constitutional Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Parliamentary Emoluments, Consolidated Fund Charges, Constitutional Interpretation, Separation of Powers
Source Language
English
Constitutional Law Civil Procedure Parliamentary Emoluments Consolidated Fund Charges Constitutional Interpretation Separation of Powers

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Parties

Parliamentary Commission

Appellant

Mwesigye Wilson

Respondent

Procedural Posture

Constitutional Appeal / Final Judgment

Legal Issues

  1. 1 Whether section 5 of the Parliamentary (Remuneration of Members) Act is unconstitutional for contravening Article 93 of the Constitution.
  2. 2 Whether the Constitutional Court erred by interpreting Article 93 in isolation from other relevant constitutional provisions.

Ratio Decidendi

Section 5 of the Parliamentary (Remuneration of Members) Act is unconstitutional to the extent that it allows Parliament to amend the Schedule to the Act, thereby increasing members' emoluments, without requiring that such motions or bills be introduced on behalf of Government as mandated by Article 93 of the Constitution. The emoluments constitute a charge on the Consolidated Fund, and Article 93 imposes a mandatory restriction that only Government may initiate such financial legislation. The Constitutional Court correctly interpreted the relevant constitutional provisions harmoniously, ensuring that Parliament's authority under Article 85 is subject to the procedural safeguards of...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Costs of the appeal are awarded to the respondent.