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

(2) That It was made without any reasonable grounds to believe that it was true.


(3) That it had the effect of promoting the election of the 1^st respondent in preference to petitioner.


(4) That the voters were scared of voting for petitioner who by necessary implication was destined to fail to serve the statutory term.”


I shall be coming to the question of whether the petitioner proved the above ingredients later after reviewing the entire evidence of the case.

The respondent admitted in his defence and affidavit that he had known the petitioner for a long time and that he made the statement honestly believing it to be true and that he still believes it, 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 he had observed in the past.

Dr. Ssekasanvu Emmanuel of Nsambya stated in his affidavit paragraph 3, 4 and 6 as follows:

(3) That I have read paragraphs 6 and 7 of Mr. Museveni Yoweri Kaguta’s affidavit in support of his answer to the petition of Col. (Rtd) Dr. Besigye Kiiza in respect of AIDS disease, and my professional opinion on the definition of AIDS is attached hereto and marked P. 23”


(4) That it is contrary to Medical Ethics and Hippocratic Oath for a Medical Doctor to discuss or reveal the ailments of his or her patients to 3fl parties whether dead or alive.
(5) That I know that Uganda is a signatory to the Declaration of the Paris AIDS summit of December 1994 in which it is stated Political Leaders should ensure that all persons living with HI V/A ID S are able to realise the full and equal enjoyment of their fundamental rights and freedoms without distinction.


Then the affidavit of Major Rubaramira Ruranga stated as follows: