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

On complaint that he offered gifts to voters during electioneering period, the 1^st respondent denied the allegation and stated:

“Neither the 1^st respondent nor his agents with his knowledge and consent or approval offered gifts to voters with the intention of inducing them to vote for him”

In his affidavit paragraphs 6, 7 and 8 he stated as follows:-

(6) the statement that the petitioner was a victim of AIDS was not made by me publicly or maliciously, for the purpose of promoting or procuring an election for myself.

(7) That I have known the petitioner for a long time and I made the statement honestly believing it to be true and I still do because a woman namely Judith Bitwire with whom the petitioner cohabited and the petitioner’s child died of AIDS, In addition to his bodily appearance which bears a strong resemblance to other AIDS victims, I have observed in the past.

(9) That neither myself nor my agents acting with my knowledge and consent or approval, gave gifts to voters with intention of procuring them to vote for me.


The petitioner, in reply to 1 s respondent’s affidavit had this to say in his affidavit sworn on 5/4/2001 in the following paragraphs:

(1) That I am an adult of Uganda. a medical Doctor by profession, a retired Colonel in UPDF and the petitioner herein.


(3) That it is true that Judith Bitwire was my companion up to 1991 and that she died in 1999, but that I did not and I do not know the cause of her death


(4) That I had had a child with the late Judith Bit wire and this child died in 1997 but this child did not die of AIDS.

(5) That in reply to paragraph 3 of the 7 respondent’s affidavit I hereby state that the statement admitted by the 7St respondent as having been made that the ‘petitioner is a victim of AIDS was meant to stigmatise me and undermine my candidate.

(6) That the statement was false in all respects and that the 1s respondent never diagonised me or tested me and found me as an AIDS victim and has never asked me about my health status.

(7) That my appearance which is natural just like any other person cannot be used to know or make one believe that I am a victim of AIDS.

(8) That there is no obvious resemblance of AIDS victims for knowing or believing that a person is an AIDS victim and none has been given by 1 respondent.


(9) That I am not and I have not been bed ridden in my life and 1 am able to work normally and during the presidential campaigns I traversed the whole of Uganda without breaking down or feeling particularly fatigued.

(10) That the 1^st respondent’s said false statement that the petitioner is an AIDS victim was made publicly in an interview with a Time Magazine journalist called Marguerite Micheal for Publication in the Time magazine and Website.


(13) That the 7 respondent thereafter explained the meaning of his statement in a Press Conference held on 17th March 2001 with all journalists and reporters local and International that his statement meant that State House is not a place for the invalid. A President should be someone in full control of his faculties both mental and physical.