The republic of uganda in the supreme court of uganda at kampala

(a) of sub-section (6) of Section 30.”

Section 2(1) of the Act says:

“Voters’ Card” means a Voter’s Card issued under section 27 of the Commission Act to a voter whose name appears in the Voters’ Register.”

It is the duty of the 2nd Respondent to design, print and control the issue of Voters’ Cards whose names appear on the Voters’ Register.

In his affidavit of 2303-2001 filed together with the Petition, the Petitioner said in paragraph 47 thereof that on 1 203-2001, he heard Mr. Aziz Kasujja the Chairperson of the 2 Respondent announce on the radio that voters who had no Voters’ Cards were allowed to vote.

In his affidavit of 27-03-20o1 filed with the Respondents’ answer, Mr. Kasujja said in paragraphs 1, 15 and 16 thereof that a Meeting was held on 11-03- 2001 with candidate’s agents to discuss the issue of registered voters who had not obtained Voters’ Cards in time and the meeting resolved that the second Respondent should take a decision on the matter. Thereafter, the 2nd Respondent made a decision that registered voters who had not obtained Voters’ Cards be allowed to vote if they could be properly identified at the Polling Stations. He then made announcements, annexture R.7 to Mr. Kasujja’s affidavit. The announcement was a press release to the effect that as the Constitution gives to every Ugandan Citizen of 18 years and more the right to vote, all Citizens of that age and whose names appear on the Voters’ Register but have no Voters’ Cards should be allowed to vote if they can be identified by the Polling officials and Candidates agents at their respective Polling Stations.

In his affidavit in reply dated 6-4-2001, based on his own knowledge, the Petitioner deponed that the Voters’ Rolls for each Constituency was never published in the Gazette by the 2 Respondent. For purposes of the 2001 Presidential election such Rolls were to be used for purposes of identifying voters at the election. On the basis of such Registers, the 2nd Respondent issued Voters’ Cards to entitle voters to vote, but not all the people were issued with Voters’ Cards although their names were on the Register. In the result, people eligible to vote as of right under the Constitution were denied the right to vote, while others not qualified voted in the 2001 Presidential election.

In his submission on this ground of the Petition Mr. Mbabazi referred to Mr. Kasujja’s briefing to the media, representatives of the candidates and Ambassadors on 11-03-2001’ (Annexture 6 to the affidavit of Mukasa David. Bulenge dated 1-4-2001), in which Mr. Kasujja said that issuing of Voters’ Cards started on 1-3-2001 and ended on 1 003-2001. He also referred to Bulenge’s affidavit and others.

In reply Mr. Kabatsi contended that the 2nd Respondent was merely giving affection to the article 59(1) of the Constitution when it allowed persons whose names were on the Voters’ Register but had no Voters’ Cards to vote. Those not registered did not vote even if they had Voters’ Cards. That is the effect of the Chairperson’s press release and paragraphs 15 and 16 of his affidavit, the learned Solicitor General contended. He then said that the Petitioner has not informed the Court the number of persons who did not vote, because they did not have Voters’ Cards. It is necessary to know the numbers before the Court can decide that the result of the election was affected.

In my view, the right to vote under article 59(1) of the Constitution may be exercised by a Citizen of Uganda of the age of 18 years or more if his or her name appears in the Register of voters and has a Voter’s Card. A Voter’s Card is essential because it is a means of identifying the holder of the card as the person whose name appears in the Voters’ Register. It is mandatory for a voter to possess a Voter’s Card before he or she can exercise the right to vote. It is a condition precedent. For that any other reasons Mr. Kasujja, the 2nd Respondent’s Chairperson issued a statement dated 1 902-2001 (annexture 11 to the affidavit of Mukasa David Bulonge dated 1-4-2001). It was headed “Guide-lines for polling Presidential Elections, 2001.” t stated, interalia

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