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


DEFICIENCIES OF ELECTORAL COMMISSION



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tarix10.01.2022
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DEFICIENCIES OF ELECTORAL COMMISSION

The letters to and fro Chairman Kasujja shows that his Commission was not up the mark organizing the presidential election 2001. One obvious examples is that the Chairman and his Commission decided arbitrarily to reduce the period of display of the voters registers from 21 days to 3 days which, because of the intervention by candidates, was eventually extended for a further two days. I do not believe in the least that the Commission has got any powers whatsoever under either S.38 of ECA or under any other law to abridge the period of display.

The power that the Commission has is to extend time. And this is for good reasons, namely to enable candidates, their agents, supporters and voters to scrutinize the registers for purposes of the clean up exercise, among other things. The expression “or otherwise adapt any of those provisions” appearing in section 38 must be construed ejosdum generis so as to refer to things which are similar to “extended” or “increasing,” but not the other way round. By abridging the display period, the Commission defeated the very spirit and purpose of the section, which is to help voters and candidates to inspect the registers in good time. The abridgement was too arbitrary and contrary to the provisions and principles of the Act.


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