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

Excess Ballot Papers

Dr. Mukasa D. Bulonge headed the election monitoring Desk and electoral process section of the NTF for the petitioner. From his affidavit it is clear that he was closely involved in the arrival and verification of the ballot papers. He has sworn that by the time the election for the President was held, the number of ballot papers was not known. He also shows that even the number of registered voters was not known but the Commission on 11/3/2001 claimed that voters were 10,674,080. Yet after voting the Commission said that the voters were 10,775,836 with an increase number of polling stations.

There is the mysterious printing of excess ballot papers. Nobody therefore knows or is able to tell how many excess ballot papers went into circulation. In his affidavit of 9/4/2001, Chairman Kasujja explained the causes of the rise in the number of voters. Counsel for the respondents were happy to contend that in that case the Petitioner has failed to prove his case and all candidates were affected. In view of the reports of rampant intimidation, harassment and chasing away from polling stations of the Petitioner’s representatives or agents in particular, I do not think that it makes sense to say that all candidates were affected by the excess ballot papers. Indeed it makes some sense if complaints were from a few polling stations. Further the former candidate Bwengye was not affected, according to his affidavit. In any case there is no evidence that distribution of excess ballot papers was given evenly to all candidates. Where new polling stations are created over night, I think that excess ballot papers can be a recipe for cheating, whereas, in this case, there is evidence of cheating in favour of only one candidate. In such circumstances I am unable to accept that the election result was not affected.