The Supreme Court in session on March 15, 2016 during the hearing of the petition filed by former prime minister Amama Mbabazi. With a unanimous decision of all nine judges, the petition was dismissed because it failed the substantiality test. PHOTO | MORGAN MBABAZI
By HALIMA ABDALLAH
IN SUMMARY
- With a unanimous decision of all nine judges, the petition was dismissed because it failed the substantiality test.
- However, the Uganda Supreme Court pledged to take up the case for electoral reforms to facilitate free and fair elections in what could be a major win for the country’s opposition in future polls.
- While delivering the court’s ruling on the petition filed by former prime minister Amama Mbabazi, Chief Justice Bart Katurebe, reprimanded the executive and the legislature for ignoring its recommendations on the matter in two previous presidential election petitions.
Uganda’s Supreme Court dismissed a petition challenging the re-election of President Yoweri Museveni, but pledged to take up the case for electoral reforms to facilitate free and fair elections in what could be a major win for the country’s opposition in future polls.
While delivering the court’s ruling on the petition filed by former prime minister Amama Mbabazi, Chief Justice Bart Katurebe, reprimanded the executive and the legislature for ignoring its recommendations on the matter in two previous presidential election petitions.
The issue of lack of electoral reforms that would facilitate a free and fair elections was raised by election monitors and the law scholars who served as friends of the court in the petition.
“It is high time the executive and the legislature started to think seriously about the crucial need to address legal reforms in the electoral laws,” said the Supreme Court in particular.
The bench said it had in the previous two petitions against the re-election of President Museveni filed by runner up in the latest poll Dr Kizza Besigye, “made some important observations and recommendations on legal reforms in elections generally and presidential elections in particular.”
“Many of these calls have remained unanswered by the executive and the legislature,” the court said adding that it would look into the proposals presented by a group of Makerere law dons (who appeared as amicus curiae or friends of the court) on the holding of free and fair elections in Uganda.
“We shall consider these proposals in deeper detail when we give our full opinion.” The considerations that informed the ruling will be released in 90 days.
The court said that the areas that electoral reforms would address included the use of incumbency to the disadvantage of rivals, use of state resources, unequal access to state-owned media and late enactment of relevant electoral laws.
Mr Mbabazi, who ran as an independent candidate in the election came third, polling 1.4 per cent of the vote against President Museveni’s 60.62 per cent and 35.61 per cent for Dr Besigye, according to results announced by the EC on February 20.
The court said its call for legal reforms was informed by a brief from the nine Makerere law lecturers, concerns raised by the Citizens Election Observers Network-Uganda and grievances raised in previous elections.
The law scholars had advised that the court issue orders requiring the Attorney General to make periodic reports to the court on progress made to achieve electoral reforms.
Critics believe such orders would have compelled the executive to address flaws in the electoral system.
“It is not enough for the CJ to give a lecture, rigging elections should have penalties and that is annulling the election. NRM has no political will to lay foundations for free and fair elections. By annulling the elections, the Supreme Court would have compelled the government to enact the laws. So this is a slap on the wrist, I do not think government is going to care,” said Norbert Mao, president of the Democratic Part
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