Lawyer Defends Muganga Appointment, Says Ban on Dual Citizens Serving as Ministers Is Unconstitutional

31 May 2026, 1:47 pm

By Annet Nakato

A Kampala-based lawyer has challenged claims that the appointment of Dr. Lawrence Muganga, a dual Ugandan-Canadian citizen, as Minister of State for Internal Affairs contravenes Ugandan law.

The controversy arises from provisions of the Uganda Citizenship and Immigration Control (Amendment) Act, 2009, which lists Cabinet ministers and other ministers among public offices that cannot be occupied by dual citizens.

Critics have argued that Dr. Muganga’s appointment is therefore legally questionable.

However, in a five-page legal opinion dated May 29, 2026, advocate Ssemambo Rashid, Managing Partner of Ssemambo & Ssemambo Advocates, argues that the restriction is inconsistent with the Constitution and is therefore unenforceable.

According to Ssemambo, the Constitution of Uganda provides the primary legal basis for determining eligibility for ministerial office. He advances three key arguments in support of his position.

He cites Article 80 of the Constitution, which stipulates that a person only needs to be a Ugandan citizen to qualify for election to Parliament.

Since ministers are appointed from among persons qualified to be Members of Parliament, he argues that the Constitution does not impose any additional requirement barring dual citizens from serving as ministers.

Ssemambo emphasizes the supremacy of the Constitution, noting that any law inconsistent with constitutional provisions is void to the extent of the inconsistency.

In his view, Parliament cannot introduce qualifications or disqualifications for ministerial office through ordinary legislation when such restrictions are not provided for in the Constitution.

He relies on the principle of harmonious constitutional interpretation, which requires all constitutional provisions to be read together and applied in a manner that gives effect to the rights and opportunities guaranteed to citizens.

He contends that subordinate legislation cannot limit rights that the Constitution extends to Ugandan citizens.Based on these arguments, Ssemambo concludes that the statutory provision prohibiting dual citizens from serving as ministers is unconstitutional and therefore legally ineffective.

He further maintains that Parliament and other state institutions are under no obligation to enforce a law that conflicts directly with the Constitution.Beyond the legal issues surrounding Dr. Muganga’s appointment, Ssemambo’s opinion also reflects on the growing influence of social media in Africa.

Drawing a historical comparison to the British opium trade in nineteenth-century China, he argues that both situations demonstrate the risks of exposing societies to powerful external influences without adequate safeguards.

He warns that unless governments take deliberate measures to regulate the flow and quality of information reaching citizens, excessive and unregulated social media consumption could contribute to social divisions, moral decline, and the weakening of civic institutions.