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

The Allegation of Aids:

The Petitioner complains in para 3 (2) (a) of the Petition that contrary to Section 65 of the Act, the 1st Respondent publicly and maliciously made a false statement that the Petitioner was a victim of AIDS without any reasonable ground to believe that it was true and this false statement had the effect of promoting the election of the 1 s Respondent unfairly in preference to the Petitioner alleged to be a victim of AIDS and voters were scared of voting for him who was by necessary implication destined to fail to carry out the functions of the demanding Office of President and to serve out the statutory term.

In answer to the Petition, the 1s Respondent states that the statement that the Petitioner was a victim of AIDS was not made by him publicly or maliciously for the purpose of promoting or procuring an election for himself contrary to Section 65 of the Act. However he states that it is true that the companion of the Petitioner, Judith Bitwire, and her child with the Petitioner died of AIDS. He states further that he has known the Petitioner for a long time and has seen his appearance change for a long time to bear obvious resemblance of other AIDS victims that he had previously observed.

Section 65 of the Act provides,

‘Any person who, before or during an election, publishes a false statement of the illness, death or withdrawal of a candidate at that election for the purpose of promoting or procuring the election of another candidate knowing that statement to be false or not knowing or believing it on reasonable grounds to be true, commits an illegal practice.”

In his affidavit in support of the Petition, the Petitioner states that he knows that he is not suffering from AIDS but the 1st Respondent maliciously made false allegation that he was a victim of AIDS without any reasonable grounds for believing that it was true and this false and malicious allegation against him had the effect of promoting the election of the 1st Respondent unfairly in preference to him alleged to be a victim of AIDS as voters were scared of voting for him who by necessary implication was destined to fail to carry out the functions of the demanding office of the President and serve the statutory term. He attached a copy of the Monitor Newspaper of 8 March 2001 reporting the 1st Respondents statement.

In his affidavit in reply to the Respondent, the Petitioner admitted that Judith Bitwire was his companion up to 1991 and that she died in 1999 but that he did not know the cause of her death. He also admitted that he had a child with the late Judith Bitwire and that the child died in 1991 but the child did not die of AIDS. The Petitioner stated that the statement admittedly made by the 1st Respondent that the Petitioner was a victim of AIDS was meant to stigmatise him and undermine his candidature before the electorate through demoralising his supporters and voters in general and to promote his own candidature against his.

The Petitioner asserted that the statement was false in all respects and that the Respondent had never diagnosed him or tested him and found him as an AIDS victim, and had never asked him about his health status. He explained that his appearance which is natural just like any other person could not enable one to know or to believe that he was a victim of AIDS. He stated that there was no obvious resemblance of AIDS victim for knowing or believing that a person was an AIDS victim and none had been given by the 1st Respondent. He was not and had not been bed-ridden in his life and he was able to work normally and during the Presidential Campaigns he traversed the whole of Uganda without breaking down or feeling particularly fatigued.

The 1st Respondent’s false Statement that the Petitioner was an AIDS victim was made publicly in an interview with a Time Magazine Journalist called Marguerite Michaels for publication in the Time Magazine and Website known as http://www.time.com/time/magazine/prinout/0,8816,101373,00.htm. The Time Magazine was sold all over the World including Uganda where copies are purchased on the Street. He attached a copy he purchased from the streets of Kampala. The petitioner states further that the Website of Time Magazine was also publicly available as an electronic version and one can access, read, download or print copies. A copy of the printed article by Marguerite Michaels was attached to his affidavit. He alleges that the 1st Respondent thereafter explained the meaning of his statement in a Press Conference held on 11th 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”.

He complains that by referring to him as an invalid without all his faculties and incapable of being a President, the 1st Respondent undermined his candidature before the voters while promoting his own candidature to his prejudice at the election. He states that this Statement was published in the Newspapers in Uganda viz New Vision, Monitor, copies of which were attached and broadcast on all Radio Stations namely Radio Simba, Central Broadcasting Service, Radio One, Capital Radio and Uganda Television.

As a result of the 1st Respondent’s said statements he claims his agents appointed during the electoral process and some of his supporters expressed their concern with his health status and sought for his explanation. He asserted that he knew the meaning of an invalid but that he was not invalid as suggested by the Respondent in his Press Conference held on 1 1th March 2001.
Dr. Ssekasanvu Emmanuel who holds a Degree of Bachelor of Medicine and Surgery of Makerere University and a Masters Degree in Medicine - Internal Medicine of Makerere University stated that he has 10 years experience as a Registered Medical Officer in Uganda and was currently doing research in HIV Associated Infections. He gave his professional opinion on the allegation of AIDS made by the 1st Respondent against the Petitioner by giving a professional definition of AIDS. His opinion which was sent to Lead Counsel for the Petitioner by letter dated 1 April 2001 stated,

“Re: Report on case definition of AIDS