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

Failure to Supply the Voters’ Register:

The Petitioner alleges in paragraph 3(1) (d) of the Petition that contrary to Section 32(5) of the Act, the 2rd Respondent completed compiling a purported Final Voters Register on Saturday 10th March 2001 and failed when requested by the Petitioner to supply copies of the same to the Petitioner and his agents although the Petitioner was ready and willing to pay for them. In its answer to the Petition, the 2nd Respondent denied ever refusing any request by the Petitioner for copies of the final Voters Register as alleged but stated that non-delivery thereof was due to insufficient time to prepare the Register.

Section 35 (1) of the Act provides that a candidate may be present in person or her representatives or Polling Agents at each Polling Station for the purpose of safeguarding the interests of the candidate with regard to the polling process. Sub-section (5) states,

“(5) The Polling Agents shall have an official copy of the Voters Register of the Polling Station at the candidates cost.”

In his affidavit in support of the Petition, the Petitioner stated that he had applied through his National Co-coordinator to be supplied with copies of the Final Voters Register for use by him and his Polling Agents on payment of the necessary charges by him, but the 2nd Respondent did not do so. In answer to the Petitioner’s affidavit, Mr. Aziz Kasujja, Chairman of the 2nd Respondent, admitted receiving the Petitioner’s request for a copy of the Register on 11 March 2001 but explained that there was no sufficient time to print the Register for the Petitioner on the eve of polling day, and he informed the Petitioner’s Agent verbally.

No sound reason is given why the Voters Register could not be printed in time to be supplied to the Petitioner as required by law.

I am satisfied on the admission of the 2 Respondent that it did not comply with the provisions of Section 32(5) of the Act, in that it failed to supply the Petitioner with an official copy of the Voters Register for use by his agents on polling day.