KAMPALA
The Constitutional Court yesterday declined to hear an application by members of the opposition seeking an injunction to stop the Electoral Commission from continuing with plans for the forthcoming referendum on the political system.
The Deputy Chief Justice, Ms Laetitia Mukasa Kikonyogo, who chaired a coram of five justices, said the application was not necessary and would be a waste of time.
However, the court agreed to hear the main petition in which the same members are challenging the constitutionality of the referendum.
The ruling means that for the time being the Electoral Commission is free to go on with arrangements to hold a referendum in July as scheduled.
The petition is seeking the nullification of the sections of the 1995 Constitution, the Referendum and other Provisions Act and the entire Movement Act. On the panel are Justices Amos Twinomujuni, Alice Mpagi Bahigeine, Ch
ristine
Kitumba and Stephen Kavuma.
Opposition lawyers Peter Walubiri, Erias Lukwago and Moses Kajakol had argued that much as the petition challenging the referendum on change of political systems was an urgent matter, they needed to first apply for the injunction.
Time factor
The court might not find time to give its verdict in the petition before July 28 when the referendum is to be held, Walubiri submitted.
The petitioners are Hajji Badru Wegulo, the Uganda Peoples Congress (UPC) chairman and head of the partys Constitutional Steering Committee, Mr John Livingstone Okello-Okello, the vice chairman and Forum for Democratic Change (FDC)s Beti Olive Kamya and Sam Njuba.
Others are Lubaga South MP and Conservative Party Secretary General, Mr John Ken Lukyamuzi, Kyadondo South MP and Democratic Party member, Mr Issa Kikungwe and a lecturer at the Makerere University Law Faculty and Free Movement member, Prof. John Jean Barya.
The Solicitor General, Mr Lucian Tibaruha, assisted by the Director of Civil Litigation, Mr Joseph Matsiko and Principal State Attorney, Mr Okello Oryem led the government side.
Tibaruha said since the petition had been fixed for hearing yesterday, the applicatio
n for an
injunction was a waste of time. Kikonyogo ruled that the application be stayed for the hearing of the petition to proceed. If circumstances arise, you can bring back the application and the court will not hesitate to call the file and hear the application, she said.
Seven key opposition members from the six main opposition political parties (G-6) petitioned the court saying allowing the holding of the referendum would give a green-light to dictatorship in Uganda, as the country is now under a one-party state.
They said the referendum infringes rights and freedoms of the citizens.
Court heard in Mr Walubiris two-hour presentation of the petition that there is nothing like a Movement political system in Uganda or anywhere in the world.
This is a mere legal and political constitutional fraud and gimmick. The so-called Movement political system is a fully-fledged political party disguised as a political system.
It was nurtured in Luweero Trian
gle way
back in 1981 when some Ugandans went to the bush as NRA and captured power on January 26, 1986, formed a National Resistance Council and Movement (NRC/NRM), with an army and a High Command, he said.
Walubiri said NRC consisted of leaders from that one organisation who have since misled Ugandans to change the laws and turn their organisation into a political system.
He said NRM or the Movement is something amorphous that has been camouflaging around as a political system, moving like an amoeba while confusing this country as well as trampling on the citizens rights and freedoms to participate in affairs of government.
Walubiri said the Movements unconstitutional cover was unmasked in May 2003 when the court, in an earlier petition of Dr Paul Kawanga Ssemogerere, declared it an organisation rather than a political system it claims to be.
There will be no basis in a democracy and in a country that follows the rule of law to expose its citizens to a
choice
between democracy and dictatorship or a one-party state. That is no choice, he said.
The petitioners said, being one of the poorest countries in the world and a highly indebted nation currently under approximately 52% budgetary support by the World Bank, International Monetary Fund and other bilateral donors Uganda cannot waste billions of shillings in a futile exercise.
Walubiri said money budgeted for the referendum is better off diverted to provision of social services in the country.
The court was also asked to rule that it was unconstitutional for Parliament to pass a resolution for holding the referendum and for the Electoral Commission to proceed and organise the exercise.
| Court rejects move to stop referendum |
| SOLOMON MUYITA |
KAMPALA
The Constitutional Court yesterday declined to hear an application by members of the opposition seeking an injunction to stop the Electoral Commission from continuing with plans for the forthcoming referendum on the political system.
The Deputy Chief Justice, Ms Laetitia Mukasa Kikonyogo, who chaired a coram of five justices, said the application was not necessary and would be a waste of time.
However, the court agreed to hear the main petition in which the same members are challenging the constitutionality of the referendum.
The ruling means that for the time being the Electoral Commission is free to go on with arrangements to hold a referendum in July as scheduled.
The petition is seeking the nullification of the sections of the 1995 Constitution, the Referendum and other Provisions Act and the entire Movement Act. On the panel are Justices Amos Twinomujuni, Alice Mpagi Bahigeine, Ch
ristine
Kitumba and Stephen Kavuma.
Opposition lawyers Peter Walubiri, Erias Lukwago and Moses Kajakol had argued that much as the petition challenging the referendum on change of political systems was an urgent matter, they needed to first apply for the injunction.
Time factor
The court might not find time to give its verdict in the petition before July 28 when the referendum is to be held, Walubiri submitted.
The petitioners are Hajji Badru Wegulo, the Uganda Peoples Congress (UPC) chairman and head of the partys Constitutional Steering Committee, Mr John Livingstone Okello-Okello, the vice chairman and Forum for Democratic Change (FDC)s Beti Olive Kamya and Sam Njuba.
Others are Lubaga South MP and Conservative Party Secretary General, Mr John Ken Lukyamuzi, Kyadondo South MP and Democratic Party member, Mr Issa Kikungwe and a lecturer at the Makerere University Law Faculty and Free Movement member, Prof. John Jean Barya.
The Solicitor General, Mr Lucian Tibaruha, assisted by the Director of Civil Litigation, Mr Joseph Matsiko and Principal State Attorney, Mr Okello Oryem led the government side.
Tibaruha said since the petition had been fixed for hearing yesterday, the applicatio
n for an
injunction was a waste of time. Kikonyogo ruled that the application be stayed for the hearing of the petition to proceed. If circumstances arise, you can bring back the application and the court will not hesitate to call the file and hear the application, she said.
Seven key opposition members from the six main opposition political parties (G-6) petitioned the court saying allowing the holding of the referendum would give a green-light to dictatorship in Uganda, as the country is now under a one-party state.
They said the referendum infringes rights and freedoms of the citizens.
Court heard in Mr Walubiris two-hour presentation of the petition that there is nothing like a Movement political system in Uganda or anywhere in the world.
This is a mere legal and political constitutional fraud and gimmick. The so-called Movement political system is a fully-fledged political party disguised as a political system.
It was nurtured in Luweero Trian
gle way
back in 1981 when some Ugandans went to the bush as NRA and captured power on January 26, 1986, formed a National Resistance Council and Movement (NRC/NRM), with an army and a High Command, he said.
Walubiri said NRC consisted of leaders from that one organisation who have since misled Ugandans to change the laws and turn their organisation into a political system.
He said NRM or the Movement is something amorphous that has been camouflaging around as a political system, moving like an amoeba while confusing this country as well as trampling on the citizens rights and freedoms to participate in affairs of government.
Walubiri said the Movements unconstitutional cover was unmasked in May 2003 when the court, in an earlier petition of Dr Paul Kawanga Ssemogerere, declared it an organisation rather than a political system it claims to be.
There will be no basis in a democracy and in a country that follows the rule of law to expose its citizens to a
choice
between democracy and dictatorship or a one-party state. That is no choice, he said.
The petitioners said, being one of the poorest countries in the world and a highly indebted nation currently under approximately 52% budgetary support by the World Bank, International Monetary Fund and other bilateral donors Uganda cannot waste billions of shillings in a futile exercise.
Walubiri said money budgeted for the referendum is better off diverted to provision of social services in the country.
The court was also asked to rule that it was unconstitutional for Parliament to pass a resolution for holding the referendum and for the Electoral Commission to proceed and organise the exercise.
The petitioners prayed that court, Grants an order of redress by restraining the respondents (government and EC) and all their officials and agents from taking any further steps in the conduct of the purported referendum on change of political system. Government resp
onds
today. |
The petitioners prayed that court, Grants an order of redress by restraining the respondents (government and EC) and all their officials and agents from taking any further steps in the conduct of the purported referendum on change of political system. Government responds today. |
