Parliament to consider unfair electoral section… reprieve in sight for political officials

Politicians working in the civil service will no longer be required to resign from their jobs once they agree to stand for election to the National Assembly.

Urban and Rural Development Minister Erastus Uutoni presented an urgent amendment to the 2014 electoral law last Wednesday.

Section 77(4)(a) of the Electoral Act, read in conjunction with section 46(1) and section 47 of the Constitution, is “subject to varying interpretations which may lead to the violation of the constitutional right of citizens to take part in political activities…”

Uutoni said the article urgently needs to be amended to allow politicians who serve as civil servants to take leave once they are nominated by their political parties to be members of the National Assembly, and for those who have reached the age of 55 to be allowed to resign or take early retirement.

The amendments will be made to section 77(4)(a) of the Electoral Act 2014.

Currently, Section 47(1)(a) of the Electoral Act requires civil servants to resign from their posts once nominated for election to the National Assembly.

In motivating his motion, Uutoni said that a person participating in the National Assembly elections has no guarantee that his political party will win or obtain seats.

“If such a person fails to get a seat in the National Assembly, then he becomes unemployed, as he is unable to return to the job he resigned from for the purpose of contesting the National Assembly elections,” the minister said.

He said that with these amendments, political officials will be able to return to their posts once they fail to win a seat in Parliament. However, if any of them wins a seat, they will have to resign from the date of the announcement of the National Assembly results.

“The proposed amendment will allow for respect for constitutional rights and democracy, as well as the proper administration of the electoral process and the civil service,” Uutoni said.

Victims

This problematic legal provision has its negative consequences and has deprived many civil servants of the opportunity to run for political office without risking losing their jobs.

Six parliamentarians from the People’s Democratic Movement who were sworn in in 2022 have demanded salary arrears from the National Assembly, as they became duly elected members of the House in 2019.

Their benefits should be retroactive to March 20, 2020, the date on which current parliamentarians officially started work, excluding them.

This follows the Supreme Court’s ruling in 2022 that six PDM members – Esmeralda Esme !Aebes, Johannes Martin, Kazeongere Tjeundo, Godfrey Kupuzo Mwilima, Timotheus Sydney Shihumbu and Pieter Mostert – were illegally added to the National Assembly list.

Following this decision, they were replaced by Hidipo Hamata, Yvette Araes, young Maximalliant Katjimune, Reggie Diergaardt, Charmaine Tjirare and Mike Venaani, father of PDM leader McHenry Venaani.

This situation had financial repercussions on PDM.

At present, the six ousted PDM MPs are currently on the party payroll, receiving their remuneration from funds mainly from Parliament, without having clear reference mandates, New era understand.

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