Mbale City, Uganda — An alarming 99% of Bamasaba coffee farmers remain unaware of the amendments to the Coffee Act. Many were jolted from their ignorance by phrases such as “Make sure that those Baganda don’t get the numbers,” uttered by a female voice in Parliament. Some lawmakers are already embroiled in friction over the dissolution of the Uganda Coffee Development Authority (UCDA) and its subsequent absorption into the Ministry of Agriculture.
I have taken note of several perspectives from respected academics, including Professor Ezra Suruma and Mr. Afunna Adhula, as well as recent comments from Agriculture Minister Hon. Frank Tumwebaze. Each viewpoint is well-articulated and deserves consideration.
There are several principles of good law-making that I urge lawmakers not to overlook. One key principle is the political aspect: only politicians have the power to enact laws for the country. This fact is not in dispute, as it is politicians who are at the center of the debate surrounding the Coffee Bill 2024. While academic commentary is somewhat peripheral, it holds significant weight, as some lawmakers engaged in this issue were students of these academicians, receiving guidance from afar.
Another principle is the idea of permanence. Good laws should not be amended frequently or at anyone’s whim. This is where some of us have concerns about the current law; the very communities that the law is meant to serve often do not understand the changes being made. The government should not act impulsively; we implore them to consult the farmers. I foresee strong resistance from farmers, which could escalate into more severe consequences.
The third point I want to emphasize is the principle of publicity. Many current statutes are virtually ignored. There needs to be continuous publicity regarding the statutes in the coffee sector. Without national sensitization and awareness of the law, our people may cling to ignorance as a defense, which could be a valid excuse in legal contexts.
The government should consult and inform coffee farmers about the benefits and consequences of the merger or rationalization of state agencies. This is neither costly nor harmful. The taxes generated from coffee farming support the management of this country, including the salaries of those involved in the current disputes over the bill.
While speaking on Radio Uganda (UBC) national news yesterday, I reiterated the need to consult our people, which is what the Bamasaba are yearning for. I want to stress here, through The Ankole Times, that the government and Parliament should engage with coffee farmers regarding the bill. The principles enshrined in Articles 79(1) and (2) of the Ugandan Constitution must not be overlooked. These provisions emphasize that Parliament will make laws for the good governance of the country. To uphold this intention, community consultation on the proposed Coffee Bill 2024 should be conducted with due diligence.
Lastly, the principle of clarity in legal enactments must be emphasized. A law that lacks clarity may lead to serious interpretation issues, resulting in outcomes that differ from the original intent of the legislature. Courts have occasionally diverged from legislative intentions, leading to unintended consequences due to this lack of clarity.
It is not harmful to revert to the farmers and consult them about these intentions. None of the Members of Parliament from Masabaland have briefed their constituents—coffee farmers—on the intentions or benefits of this bill before moving to enact it. I stay alert to media reports, and there is photographic evidence from Bugisu MPs contradicting my conclusions. No one in Masabaland was aware that the Coffee Bill was being debated until the infamous phrase about ensuring that the Baganda MPs don’t gain the numbers was heard.
While Baganda MPs were the loudest in Parliament, fighting against the coffee bills, people on various Bugisu forums were questioning where Hon. Nandala was and why he wasn’t vocal on this contentious matter.
The writer is a legal researcher and spokesperson for Inzu Yamasaba. Tel: 0782231577.
