Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?

Uganda

Uganda

Answer
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Source

CONSTITUTIONOF UGANDA (1995)

http://www.opm.go.ug/assets/media/resources/6/Constitution.pdf

 

Article 84. Right of recall.

(1) Subject to theprovisions of this article, the electorate of any constituency and of anyinterest group referred to in article 78 of this Constitution have the right torecall their member of Parliament before the expiry of the term of Parliament.

 

(2) A member ofParliament may be recalled from that office on any of the following grounds—

   (a) physical or mental incapacity renderingthat member incapable of performing the functions of the office;

   (b) misconduct or misbehaviour likely tobring hatred, ridicule, contempt or disrepute to the office; or

   (c) persistent deserting of the electoratewithout reasonable cause.

 

(3) The recall ofa member of Parliament shall be initiated by a petition in writing

setting out thegrounds relied on and signed by at least two-thirds of the registered voters ofthe constituency or of the interest group referred to in clause (1) of thisarticle, and shall be delivered to the Speaker.

 

(4) On receipt ofthe petition referred to in clause (3) of this article, the Speaker shallwithin seven days require the Electoral Commission to conduct a public inquiryinto the matters alleged in the petition, and the Electoral Commission shallexpeditiously conduct the necessary inquiry and report its findings to theSpeaker.

 

(5) The Speakershall—

   (a) declare the seat vacant, if theElectoral Commission reports that it is satisfied from the inquiry, with thegenuineness of the petition; or

   (b) declare immediately that the petitionwas unjustified, if the commission reports that it is not satisfied with thegenuineness of the petition.

Comment

The Recall is not put to the vote but the seat may be declaredvacant by the Speaker if the initiative is signed by at least two thirds of thevoters of the constituency, or of the interest group in question, and theElectoral Committee after inquiry is satisfied with the genuineness of thepetition. The process should be done “expeditiously”.

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