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THE LAST WORD: The problem with term limits

 

Yet many others have succeeded – Paul Biya in Cameroun, Yoweri Museveni in Uganda, Idris Derby in Chad etc. And in all these cases, incumbents who removed term limits proceeded to win re-election. This only goes to show that there was either limited political capacity within society to rein in such leaders or they were still popular.

Most people who comment on African politics miss the fact that law (or a constitution) is a function of politics. For a law to be effective it must be rooted in political reality, not in idealistic exhortations. Take the example of the United States: Its   constitution stated quite clearly: “All men are born equal”. But it took another 42 years before poor white men could get the vote in 1832, 133 years before women were allow voting in 1920, and 177 years before black people are practically allowed to vote in 1965.

Even in Western Europe, the concept of liberal democracy and representative government developed long before many nations put it into practice. Enlightenment philosophers who wrote like Jean Jacquis Rosseou, John Locke, Voltaire etc. articulated a vision of the rule of the people in the 18th and 19th centuries. Yet most of Europe where these ideas germinated organically took another 150 to 200 years before they could have they were effectively implemented in practice. And even then, the implementation did not grow in a linear fashion but through feats and starts.

The lesson we learn from this brief excursion is that civilisation is built on human nature, not human ideals. This is not to say human ideas do not matter. They offer a moral vision to which we aspire. But aspiration is not arrival; it is only a desired goal to which we constantly strive. Yet ideals are difficult to uphold because all too often they conflict with what reality demands. I admire the teachings of Jesus Christ on love and forgiveness, patience and charity. Every day I pray and hope I can live up to those ideals. I am always frustrated that I consistently fail to live up to them and I am only redeemed by the recognition that I am human.

Constitutions do not work because leaders are nice women and men committed to respecting them. They work when they are self-enforcing i.e. there are strong incentives for honouring them and dangerous consequences for not doing so. Ideals written in a constitution that are not backed by political reality would be hard to implement. The 15th amendment to the U.S. constitution in 1865 removed discrimination against voting based on race. Yet many African Americans did not get the right to vote until 1965 – 100 years later.

There was no chance that Barack Obama could amend the U.S. constitution and remove term limits even if he wished to. The political conditions in America could not allow it. Political conditions in Uganda today make amending the constitution to remove age limit possible; so it is likely happen. This is because those in power see that their interests are best served by keeping Museveni as president. They have the numbers in parliament and the political machinery that gives them a good chance to win or rig elections in 2021. Therefore, if you want term limits restored and age limits respected, do not moralise; analyse, do not agonise; organise.

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amwenda@independent.co.ug

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editor@independent.co.ug

8 comments

  1. When he said that; “There was no chance that Barack Obama could amend the U.S. constitution and remove term limits even if he wished to.” What is Andrew Mwenda trying to insinuate or justify here?

    Andrew is suggesting that Africans, himself inclusive, subscribe to lower standards and to the whims of tin-horn dictators.

    Besides, Andrew is a nihilist. He should therefore give us a break with his admiration of Jesus’ teaching and his justification of human weaknesses; in order to have excuses to sin and/or commit crimes.

    • He was paraphrasing Apostle Paul;maybe unconsciously but nevertheless to the point and typically truthful. you sound learned but uneducated. Give us peace and cease insulting head-of-state when you might not even be head of family.

  2. Thomas Mundy Peterson (October 6, 1824 – February 4, 1904) of Perth Amboy, New Jersey was the first African-American to vote in an election under the just-enacted provisions of the 15th Amendment to the United States Constitution. His vote was cast on March 31, 1870. Not 1965.

  3. In Cameroon Ahmadou Ahijo ruled for 22 years he had to step down coz of health issues ,In Zambia Chiluba served for only 2 terms,TZ is always a good girl aren’t these nations still in the third world?Africans love explaining away their problems and apportioning blame.

    M7 is still tidying up the country his time will one day come. When you read his body language, it shows that he is contented with the structures he has put in place.

    There are some initiatives that the West has put in place to lure African leaders to leave power e.g the Mo Ibrahim Prize, threatening them with ICC,blackmail by activists etc why haven’t these schemes worked?its coz Africa is a complex continent up to now some sections of Africa dont believe in immunization.we expect alot from our leaders yet we are also non starters.

    The youth and those in rural areas should know that its perfectly OK to live upcountry they can visit towns like Kampala,Masaka as tourists e.g in USA you find a family boarding a flight from Boston to New York or Washington for sightseeing yet they are in one country.

    Regarding poverty,famine and drought i always hear Ugandans complain of the harsh weather but even when the weather is favorable for farming, its the elderly and women who carry out small scale farming.

    Nayee obaa what happened to Africans(for real)

    • Winnie, the tropics is like paradise and it is unfortunate to be born and bred in them. If we had winter here and homelessness, maybe people would be different. And then the regular round-the-clock ceaseless harassment of the people whose language I am using now. kitalo nyo.

    • Be blessed Winnie, help out these Africans, perhaps they will politically grow and come to senses.

  4. Mr Muwenda, all I can satisfy that u are a real power. Am sure the very few who are squinted to look at themselves as majority are gonna cry and look at me with the curses of chicken that herbitually fail to kill the kite if not an eagle, but the reality opposed nonsense shall stand.

    However do not ceasefire Andrew, perhaps even the intellectually dehydrated chaps shall pick up if words of sense keep cutting across their faces. Y

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