Proposal to raise retirement age to 75

Opposition, civil society oppose Uganda proposal to raise retirement age

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By Yasiin Mugerwa, Stephen Wandera & Solomon Arinaitwe

Posted  Thursday, July 11  2013 at  01:00

A plan to raise the retirement age for public officers to 75 years is underway, prompting fears from the Opposition that its architects harbour a “sinister political” agenda to perpetuate President Museveni’s grip on power.

The scheme has also come under attack from civil society activists who Wednesday accused its backers of contemplating treason. Mr Eddie Kwizera (NRM, Bufumbira East), a former State House employee, is the individual planning to either table a private member’s Bill or a motion to amend the 1995 Constitution to raise the retirement age from 60 years.

Mr Kwizera says he wants to restore sanity in the Public Service. But Opposition MPs and some independents Wednesday claimed that Mr Kwizera was aiding the latest ploy by Mr Museveni to hold onto power and recycle retired chief Justice Benjamin Odoki and other civil servants loyal to the regime.

While Information Minister Rose Namayanja denied such plans, the MPs Wednesday expressed fears that the proposal could be used by the President to tinker with the 75-year age limit for President in the Constitution. “We have nothing to do with Hon Kwizera’s intentions to table a Bill or a motion of any sort.

Those linking the President to such plots should know that the issue of age limit is a constitutional matter which cannot be changed by an Act of Parliament,” Ms Namayanja said. She added: “...the process of appointing a new Chief Justice is ongoing and when it is complete, the name will be submitted to Parliament for approval.”

Aswa MP Reagan Okumu said: “Those peddling this idea are opportunists and not honest. They are actually testing the ground to see whether it’s possible to hook this ludicrous proposal to Civil Service and the entire political spectrum.” He added: “If the issue is to retain Justice Odoki, our view is that he did his part, there are many other Ugandans who deserve the opportunity to serve their country.”

Plan defended
Mr Kwizera maintains that his position was informed by research and has nothing to do with his past as a State House employee. He challenged those opposing him to explain Justice James Ogoola’s retirement from the bench only to be appointed the chairperson of Judicial Service Commission.

“There is no politics in these matters. What we are saying is that those at 75 years but still occupying government offices should go and write books but those above 70 years but can still work should be allowed to continue,” he said.

Last month, the Daily Monitor reported that the outgoing Chief Justice Odoki wanted the law amended to allow judges serve beyond the mandatory retirement age of 70. Justice Odoki, whose term in office ended last month after he clocked 70 years and also served out the transitional three months, had earlier circulated a concept paper calling for re-appointment of retired judges.

The paper, written on April 26, talks about appointments in the Judiciary including tenure of judges, re-appointment of retired judges, appointment of acting chief justice, acting deputy chief justice and acting principal judge.

But the opposition MPs are now linking the proposed Bill to a wider government plot to further open up the presidency for Mr Museveni as a follow-on to the removal of term limits in the Constitution. In 2005, Parliament voted to lift the term limits amid allegations of bribery.

Justice Odoki cited Articles 142(2) and 253 (1) of the Constitution in his paper to argue that judges who have reached retirement age should still be eligible for appointment. Mr Kwizera said he intends to interview retired judges.

A press release issued by seven civil society organisations described the Kwizera option as dangerous. “We are concerned about the leadership vacuum that has hamstrung and continues to cripple the effective operation of the Office of the Director of Public Prosecutions, Court of Appeal and Supreme Court. The Court of Appeal and Supreme Court have had a long standing need for appointments to ensure that they are fully constituted as required by the Constitution and therefore able to conduct judicial business effectively,” Human Rights Network-Uganda chief executive officer Mohammed Difuna read out the press release.

“That the Chief Justice and Deputy Chief Justice were going to retire was known to the President but he has deliberately delayed the appointment of the foregoing positions among other vacant posts within our Courts of Judicature. Thus the crisis we find ourselves in is ... the making of the presidency.”

Mr Ndifuna said the attempt to extend the tenure of the Chief justice “is actually treasonous given that Article 144(1)a makes it mandatory for him to retire at age 70. Article 3(2) of the Constitution is very clear: any person whether alone or with others who by unlawful means attempts to amend this Constitution commits the offence of treason.”

Bishop Zac Niringiye said civil society is demanding that the crisis in the Judiciary be addressed with immediate effect through the appointment of a Chief Justice and Deputy Chief Justice. “That the Office of the Director of Public Prosecutions is fully constituted as required by law and Parliament reject with the contempt it deserves, the private member’s Bill” he said.
Efforts to get a comment Odoki were futile as he is reported out of the country.