As of January 7, 2024, the Electoral Commission (EC) offices have remained vacant following the expiration of the commissioners’ tenure, bringing policy-related activities to a temporary standstill. The EC expressed congratulations to the outgoing commissioners, acknowledging the successful completion of their term from January 7, 2017, to January 7, 2024.
The commissioners, including Chairperson Simon Byabakama, Deputy Hajat Aisha Lubega, Mr. Peter Emorut, Mr. Stephen Tashobya, Ms. Nathaline Etomaru, and Hajj Mustapha Ssebagala, have not reported to the office since their term ended. Ms. Justine Ahabwe left office last month following the expiry of her second term.
While the presidency, under the law, should renew the mandate of the commissioners three months before the end of their term, President Museveni had not made any appointments as of the latest update. The constitution provides for a seven-year tenure for commissioners, renewable only once, and legally, the current commissioners are not eligible for reappointment.
The duties of the commissioners, as outlined in the constitution, include organizing, conducting, and supervising elections and referenda. With the electoral roadmap for the 2026 general election in its early stages, the delay in appointing new commissioners puts these responsibilities on hold.
Mr. Nobert Mao, the Minister for Justice and Constitutional Affairs overseeing the Commission, had previously stated that appointments would be made “in accordance with the law,” but he was unavailable for comment at the time of this report. The appointment process involves the President nominating commissioners, who then undergo vetting by Parliament’s Appointments Committee.
Parliament has not received any communication regarding appointees, and the current unilateral manner of appointment has been a longstanding point of contention. The Opposition has advocated for an amendment to have an independent entity, such as the Judicial Service Commission or the Public Service Commission, appoint EC commissioners on merit.
Justice Byabakama, the outgoing chairperson, oversaw the 2021 presidential election, which was marked by criticism for selective application of rules during “digital campaigns.” The opposition accused the EC of double standards in handling rallies of different political parties.
As Uganda awaits the presidential appointments to fill the EC vacancies, the country reflects on the achievements of the outgoing commission, including the successful organization of LC 1 & II elections in 2018 after 17 years and conducting various by-elections for parliamentary and local government positions.
What the Law Says: Article 60 of the Constitution:
- There shall be an Electoral Commission consisting of a chairperson, a deputy chairperson, and five other members appointed by the President with Parliament’s approval.
- Members hold office for seven years, with the possibility of renewal for one more term only.
- Renewal, if applicable, should be done at least three months before the expiry of the first term.
