Tuesday, 17 December, 2002, 18:46 GMT
Ugandan minister loses seat
Voter at a rural polling station
Political parties are banned but elections keenly fought

It has been a bad day for Uganda's defence minister, Amama Mbabazi.

The Appeal Court upheld the High Court decision to nullify his victory in last year's parliamentary election, ruling that the vote had not been fairly contested.

I suppose he will not resign, but he should

Opponent James Musinguzi
The man who lost at the polls last year, James Musinguzi, contested that the election had not been free and fair, with widespread intimidation and use of violence.

He won in the High court in May but Mr Mbabazi and the electoral commission took the case to the Appeal Court.

With Tuesday's decision, Uganda's defence minister has lost his seat and his opponent called for Mr Mbabazi's resignation.

Torture

It took two-and-a-half hours to read out the 67-page report at the packed Supreme Court on Tuesday morning.

But the three judges were unanimous in their decision that the High Court ruled correctly when it said the Kinkizi west seat was not contested fairly - the result being Uganda's Defence Minister Amama Mbabazi has lost his seat.

Amama Mbabazi
Mr Mbabazi intends to stay on as defence minister

The Appeal Court upheld the decision that members of the Ugandan army, the Presidential Protection Unit and government officials interfered in the electoral process through torture, arrest, harassment and intimidation.

It also upheld that during the election Mr Mbabazi's political opponent James Musinguzi was unfairly portrayed as an enemy of the state by both Mr Mbabazi and state machinery.

However the judges said there was insufficient evidence to prove that Mr Mbabazi had personally bribed or carried arms and ammunition during the election.

Legal bill

Amama Mbabazi reacted by speaking of a pending crisis of confidence in the courts.

"I obviously don't agree with the findings of the court," he said.

But he said he would stay at his post and pursue the fight against the rebels of the Lord's Resistance Army.

Voting in Kampala last year
The two candidates will stand in a by-election

"I'll continue performing my job as the leader of the struggle against terrorism."

His opponent James Musinguzi, who was dishing out invitations to a celebratory lunch, was relieved with the result.

"I can only say I'm excited, I'm very happy," he said.

But he said Mr Mbabazi should resign.

"If we had a civilised system here, even if he didn't resign, he would be sacked," he said.

"But given what I know about people voting twice, being allowed to remain ministers, I suppose he will not resign, but he should."

Both candidates have said they will stand in the resultant by-election.

Some will view Tuesday's court decision as evidence that the judiciary in Uganda is independent of the government.

And the defence minister will be faced with a fat legal bill likely to be over $100,000.

       The Mulindwas communication group
"With Yoweri Museveni, Uganda is in anarchy"

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