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

(ii) Register for New Voters (Doc. 1B)

(iii) Register for New Voters (Doc 1C)

(iv) A list of persons recommended for election during the up-date exercise.”

The circular then goes on to say:

“2. Doc. 1A, Doc 18 and Doc. TC should be used to issue Voters Cards. Cards be issued to the OWNERS and signed for by them. No person should collect a Voters’ Card on behalf of another person at the polling Station.”

According to s.26 (1) of Act 3/97, the 2nd Respondent may issue Voters’ Cards only to Voters whose names appear in the Voters’ Register. But in the Circular in question the 2nd Respondent’s Chairperson instructed Display Officers to issue Cards according to the three documents listed in the circular. If there was a Voters’ Roll at the Polling Stations why were the Voters Cards not issued to voters whose names were on the Voters’ Rolls? Another point in this connection to which I have already referred is, if the Voters’ Register, consisting of the Constituency and Polling Stations Voters Rolls was available, why did the 2nd Respondent not give it to the Petitioner and his Polling Agents when he requested a copy thereof? If the Voters’ Register was available, surely, the Chairperson of the 2nd Respondent would have instructed the Display Officers to issue Voting Cards to persons whose names were in the Voters’ Roll for Polling Stations instead of some three other documents; and the 2nd Respondent would have given the Petitioner a copy of the Register of voters when he requested for them.

In the circumstances regarding paragraphs 18 to 25 of the Supplementary affidavit in reply, by the 2nd Respondent, my view is that the affidavit is not of much assistance to the 2nd Respondent’s case in this regard. It appears to state what, according to the Chairperson, was supposed to have happened; not what actually happened. The affidavits of the Petitioner and his witness Mukasa David Bulonge are more credible on this point. In the circumstances I am satisfied that on the available credible evidence as a whole, the Petitioner has proved and I find that: