The Attorney General, Mr Kiryowa Kiwanuka, has written to President Museveni on the Anti-Homosexuality Bill, 2023.
The revelations come ahead of today’s highly anticipated meeting between Mr Museveni and Members of Parliament to discuss the fate of the Bill.
Mr Kiryowa yesterday confirmed advising Mr Museveni but could neither confirm nor deny the claims of advising him not to append his signature onto the controversial Act.
“Yes, we rendered our opinion to the President in the legislation process and we have carried out our duty,”Mr Kiryowa said in a telephone interview with this publication. “I don’t discuss my legal opinions that I have rendered to my principal in the media,” he added.
Mr Museveni is yet to assent to the Bill that was overwhelmingly passed by Parliament on March 21 into an Act.
In an April 18 letter, the government Chief Whip, Mr Hamson Obua, said the party will caucus at State House Entebbe, starting at 2pm.
“The purpose of the meeting is to discuss among others, the Anti-Homosexuality Bill, 2023,” Mr Obua wrote.
In a February 16 address that left many unanswered questions, President Museveni told legislators: “We will get time and discuss it thoroughly” in reference to the Bill.
Mid last month, while appearing before Parliament, Mr Kiryowa labelled the Bill redundant due to multiple repetitions of offences in already existing legislation like the Penal Code Act.
I wish to bring your attention that some of the clauses in the Anti-Homosexuality Bill, 2023, are similar to provisional in other enactments…where the law has adequately provided for an offence, it is right and proper to avoid duplication for purposes of easy implementation,” Mr Kiryowa said last month, while quoting Section 39 of the Interpretation Act that bars punishment under more than one law for the same offence.
The Attorney General, as the chief government legal adviser, plays a critical role in the legislation process, including helping private members draft Bills, and ensuring conformity of all laws. During Tuesday’s plenary sitting this week, Dokolo Woman MP Cecilia Ogwal questioned the head of state’s delay to assent to the Bill.
“It is almost a month ago when this House discussed at length the Anti-Homosexuality Bill and it was passed with an overwhelming majority, and there was no clause that was not interrogated, or negotiated with the Attorney General. Everywhere I go people are asking if it has been assented to. The whole country is anxious to see him append his signature,” she asked.
Mr Francis Mwijukye (Buhweju County), while representing the Leader of Opposition, wondered why NRM legislators were summoned to discuss an already completed process. “The process for consultation of this Bill ended. I see attempts to discuss what we already passed and as an MP, I am concerned. I would like to know why,” he said
Deputy Speaker Tomas Tayebwa who chaired the sitting, said he would ask the Attorney General, and the Prime Minister for the law as soon as the constitutionally granted thirsty days since the President received the Bill elapse.
Mr Solomon Silwany (Bukooli County Central), pointing fingers at the Deputy AG, Jackson Kafuuzi, raised concerns that the office of the AG has, in a letter to the President, disassociated itself from the Bill.
Given the winding processes of legislation, Mr Museveni could either assent to the Bill as it is or return it to Parliament for reconsideration. In the latter case, the President will need large numbers of the NRM to swing the House in his favour. But if the President declines to sign and MPs enact it a third time, it will automatically become law without presidential assent.
The Daily Monitor
