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

b. Serious Flaws in the Electoral Process.

You have expressed concern over the delay in producing the final Voters Register. Please be assured that the final Voters Register will be ready in time for Polling.
Your worry about the number of Voters on the Voters Register has been noted. It is important to note that the last Population Census for Uganda was conducted in 1991. What the National Bureau of Statistics has provided you with are population projections which might not rhyme with the list of eligible electors. The figure of 11.6 million Voters on the Register is derived from returns received from the field after the national Voters Register Update Exercise. It is during this exercise that new Voters are registered, those who wish to transfer to other voting centres are transferred, the dead and other non bona tide Voters are deleted from the Register. You will recall that at the request of the Presidential Candidates the period for this exercise was extended to allow the Voters more time to scrutinise and clean the Register. There is no way the Commission can cause the number of Voters on the Register to rhyme with the figure of 8.9 million citizens of voting age projected by the National Bureau of Statistics because the mandate, methodology and legal requirements of the two Government bodies are different.
A few blank Cards were mistakenly issued to some Polling Stations. These should have been returned to the Commission and appropriate ones issued. It should be pointed out that these Cards are to be used for the Presidential Elections only. The Electoral Commission could not invest a lot of money in them by way of quality. However, they have sufficient security features to allow for detection of any imitations. Holders of suspected fake Cards should be reported to the authorities.

Various factors are considered when creating Polling stations. Should these factors change, new Polling Stations may be created or existing one could be closed. The Commission relies very much on the input from the field. It would have been helpful if you had indicated specific names of Polling Stations affected so that remedial action is taken or reasons are given for their being degazetted if at all.

The matter of the intruders into our Data Processing Centre is being handled by the Police. We wish nevertheless to assure you that our data was not damaged, tampered with or corrupted.

With regard to Army Officers, RDCs, DlSOs and GISOs campaigning for certain Candidates, the Commission issued instructions to all those concerned to stop the practice. The Commission will be grateful to receive specific names and places of persons still engaging in this practice so that appropriate action can be taken.

I am sure the issues you have raised have been satisfactorily answered and in view of the Candidates’ and Commission’s last minute activities currently going on, the meeting of all Presidential Candidates demanded for will not be practicable.”

The letter was copied to the Command-in-Chief of the UPDF, the Inspector General of Police, the 1st Respondent as a Presidential Candidate and Candidates A. Awori and F. W. Bwengye.

On 9 March 2001 the Candidates again wrote to the 2 Respondent a letter which read,

“RE: FLAWS IN THE PRESIDENTIAL ELECTION PROCESS, 2001:
We acknowledge receipt of your letter dated 8th March 2001 in response to our letter to you dated 7th March 2001. We will respond as follows:

Security:
Although it is incumbent upon the police when necessary to seek reinforcement from other state security organs to contain any deteriorating security situation, maintain law and order and protect the lives and property of Ugandan: the Police has not yet admitted that it has failed in its work. Reference is made to a letter dated 8th March 2001, addressed to Di Kizza Besigye Task Force by Mrs. Flora Nkurunkenda, Deputy Chairperson, and Electoral Commission.

We are requesting the Electoral Commission to ensure that the army, which has been deployed for the presidential election process by the Commander-in-Chief of the Armed Forces, be withdrawn within 24 hours, otherwise we will have no alternative but to take drastic steps. The police should remain in charge even when they seek reinforcement from other state security organs.