Issue No4: Illegal Practices by 1st Respondent:
Issue No.4 which is solely directed against the 1st Respondent is whether an illegal practice or any other offence under the said Act was committed in connection with the said election by the Respondent personally or with his knowledge and consent or approval.
There are five illegal practices alleged against the Respondent. These are the allegation that the Petitioner had Aids, the allegation of offer of gifts to voters, the deployment of a partisan army during elections, the allegation of intimidation of the Petitioner’s Supporters by the PPU and Major Kakooza Mutale’s Kalangala Action Plan paramilitary personnel, and the allegation of threat to cause death to the Petitioner. I shall deal with each of these allegations in the order in which they are listed.
Before I consider the various alleged illegal practices of offences, it is convenient to address legal points relating to the scope and effect of the provisions of Section 58 (6) of the Act which provides,
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