Gov’t, parliament clash over narcotic drugs new bill 

ISAAC-SSEMAKADDE

The Constitutional Court in Kampala recently nullified the entire Narcotic Drugs and Psychotropic Substances Control Act of 2016 on grounds that it was passed without the required quorum in Parliament. Lawyer Isaac Ssemakadde with the Petitioners at the Constitutional Court.

Attorney General Kiwanuka Kiryowa clashed with lawmakers over attempts to reintroduce the Narcotic Drugs and Psychotropic Substances Control Bill, and requested for more time to study the court ruling and make decisions on how the Government can proceed.

This followed an attempt by Asuman Basalirwa (Bugiri Municipality), to introduce a private member’s bill ‘The Narcotic Drugs and Psychotropic Substances Control Bill 2023’, but their attempt was thwarted by Kiwanuka, informing Parliament of Government’s interest in the Bill. He argued that arrangements are being made to have the bill re-tabled in Parliament by the Ministry of Internal affairs at the right time, and it is therefore wrong for Parliament to take such a decision on behalf of the Government.

The Attorney General said, “The Attorney General’s chambers have 14days within which to study the bill and its implications and then come back and report. For parliament to start moving on decisions of the court, before the Attorney General has taken time to address the matter, it is going to cause unnecessary time. Government brought this bill, followed it through and it was only struck down because of a lack of quorum, government is still interested in this bill.”

However, Sarah Opendi (DWR Tororo) expressed doubts over the Government’s commitment to re-introduce the bill, pointing out that despite Parliament passing the bill seven years back, with the provision to provide for regulations, the provision wasn’t honoured.

Speaker Among asked the Attorney General to allow Basalirwa to table the Bill and Government can takeover, in case there will be room for harmonization, and bashed the Executive for failing to live up to its legislative promises.

He said, “When you look at the legislative agenda that was introduced, we had 62 bills to be brought during this financial year. I want you (Attorney General) to bear with us, we should be seen as a parliament that performs. We had 62 bills to be brought, we have only passed 15 bills and out of the 15 bills, you can’t count the 7 bills, the 7 are tax bills which are a given.”

Basalirwa expressed willingness to concede to allow the Government champion the re-introduction of the bill, but asked the Speaker to give the Attorney General timelines within which to table the bill.

Ibrahim Semujju (Kira Municipality) asked the Speaker to indulge the attorney general and give him a time frame to which he is to table the bill, prompting Speaker Among to give the Attorney General up to Thursday to retable the bill.

It should be recalled that recently, the Constitutional Court declared null and void Narcotic Drugs and Psychotropic substances (control) Act, 2016 following a constitutional petition filed in 2017 by Wakiso Miraa Growers And Dealers Association Limited who dragged Parliament to court, accusing the legislature of enacting the legislation without the quorum and the failure to conduct public hearings for all stakeholders who would be affected by the enactment of the legislation as provided for in the Constitution.




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