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

Conclusion on Issue No.1:

In his submission Mr. Mbabazi referred to the functions and powers of the 2nd Respondent in respect of registration of voters, update of Voters Registers, compilation of the Register and supply of Voters Roll to candidates agents, and submitted that there was no National Voters Register by 22nd January 2001, the date appointed by the 2nd Respondent as when the exercise of updating the Voters Register would be completed. He submitted further that the 2nd Respondent failed to supply the Voters Roll to the Petitioner because the Register was not ready.

He argued that the display period was inadequate and contrary to the prescribed period of 21 days. He contended that the issuance of cards was not properly done as the number of registered voters was not known. He submitted that in Makindye Division, there was an excess of votes by 97,787, and yet the 2nd Respondent explained that this was due to arithmetic error.

Mr. Mbabazi learned counsel for the Petitioner submitted that there was no National Voters Register by the 22 January 2001 the date appointed by the Chairman of the Commission as the date when the updating exercise would be completed. He submitted further that the register was not ready by 8th March 2001. As regards the display of the Voters’ Register, Mr. Mbabazi submitted that it was supposed to be done within 21 days and the period must be gazetted to enable the Voters’ Register to be subjected to public scrutiny.

As regards noncompliance with regard to Polling Stations, Mr. Mbabazi submitted that there were 11 76 new Polling Stations while 303 were missing although originally published in the Gazette. He also submitted that there were sham Polling Stations which did not appear in the Gazette or in the list of 11 March 2001. He referred to the affidavit of James Oluka who stated that he knew that there were two designated Polling Stations. But on the final list there were four Polling Stations and two for Akisim NRA Barracks. He referred to the affidavit of the Returning Officer where he admitted that there were three designated stations. Mr. Mbabazi concluded that it can be implied that there were two additional Polling Stations.

Learned counsel also referred to the affidavit of Ebulu Vicent who stated that inside Mbuya Barracks there were seven Polling Stations and Capt. Ondoga admitted they were seven. But in the list of Polling stations there were under Mbuya I and Mbuya II outside Quarter guard and yet in the Gazette there was one Polling Station as a Special area outside Quarter guard. He submitted that therefore there must have been at least six extra Polling Stations, but the number of people who voted there is not known. He asked whether these voters were part of the National Voters Register.

Mr. Mbabazi also referred to the affidavit of Mukasa who stated that there were five sham Polling Stations in Kitgum. These are also referred to by Ongee Marino who stated that they were six new stations not designated. Counsel submitted that the results from the tally sheets indicate that the 1st Respondent benefitted from these sham stations. Mr. Mbabazi concluded that if you examine the web of evidence from the lack of register you end up with the following malpractices multiple voting, ballot stuffing, denial to vote, voting by the under aged, ghost voters and falsification of results.

I think the submissions of Mr. Mbabazi have some merit. However he did not specifically address the principles which noncompliance with the provisions infringed. It is clear however, that the failure to produce an impeccable voter register resulted in a number of malpractices listed by Mr. Mbabazi like multiple voting, ballot stuffing, ghost voters and denial to vote. I shall deal with these aspects individually later.

The principles which were undermined by a defective voters’ register were the principle of voter registration, right to vote, free and fair elections and transparency. The failure to publish the list of Polling Stations in time undermined all the principle of transparency. The failure to supply the Voters Rolls to the Petitioner’s agents also undermined the principle of transparency.

Therefore there was partial compliance with the provisions of the Act.