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

(a) A list of the Polling Stations in each Constituency at least fourteen day before nomination and

(b) ……………….

(2). The Commission shall also forward each list referred to in sub-section

(1) to all Returning Officers; and the Returning Officers shall ensure that the lists relevant to each Constituency are published widely in that Constituency.”

(The underlining is mine)

The Petitioner’s own affidavit in support of the petition in paragraphs 11, 12 and 13, repeated some of the contents of paragraph 3(1 )(a), (b) and (C) of the petition and added that following gazetting of the Polling Stations he appointed 2 Polling Agents for each of the Polling Stations to look after his interests. Copies of the relevant Uganda Gazettes were annexed as “P5”. “P6” and “P7” to the affidavit. He also said that on 11-3-2001, the 2nd Respondent supplied him with a list of gazetted Polling Stations with added new and ungazetted Polling Stations. As a result he failed at that 11th hour to appoint and deploy his polling agents to supervise all those new Polling Stations and to safeguard his interest. A copy of the letter and the list of the newly added Polling Stations were annexed to the affidavit as “P8” and “P9.”

What the Petitioner’s affidavit said in this connection was replied to by the affidavit of the 2nd Respondent’s Chairperson, Mr. Aziz Kasujja, to the effect that no new Polling Stations were created but existing ones were merely split to ease voter congestion and voter convenience as indicated to candidates’ task forces in a circular dated 11-03-2001, annexture “P6” to Mr. Kasujja’s affidavit. In his supplementary affidavit, Mr. Kasujja said that it was not necessary to display voters’ Rolls for the parent stations which included list of voters for the split stations already been displayed. He admitted that some Polling Stations which had been gazatted were deleted from the list published on 11-03-2001, because voters had migrated elsewhere.

In his submission, Mr. Mbabazi referred to the affidavits of the Petitioner, Mukasa D. Bulonge, James Oluka and Vincent Ebulu. The evidence from affidavits, learned counsel submitted, proved how non-gazetted, Polling Stations were created. Also shown were Polling Stations which did not appear on the list of 11-03- 2001. He mentioned certain Polling Stations for purposes of illustrating his point.

In his reply, Mr. Kabatsi said that Mr. Kasujja’s supplementary affidavit explained the reason why certain Polling Stations did not appear on the gazetted list of 11 - 03-2001. It was migration of the population from the areas concerned. He argued that the Petitioner did not adduce evidence that because of reduction in numbers of polling Stations some voters did not vote or were dis-enfranchised. Mr. Kabatsi referred to the affidavits of Francis Bwengye, one of the six Presidential Candidates, which shows lack of evidence that the result was affected by the manner the 2’ Respondent handled Polling Stations.

Notice by the 2 Respondent in the Uganda Gazette of 22-12-2000, listing Polling Stations, under section 28(1)(a) of the Act said:

“NOTICE is hereby given that in exercise of the powers conferred upon the Electoral Commission, by section 28(11(a) of the Presidential Elections Act No. 17 of 2000, the list of Polling Stations in the schedule attached to this notice is hereby published for purpose of the National Presidential Election.”

This was annexture “P5” to the petitioner’s affidavit.

On 19-02-2001, the 2 Respondent under special powers provided for in s.38 of Act 3/97, published a list of Polling Stations for Army Units. This was annexture P6” to the Petitioner’s affidavit.

Then in the Uganda Gazette of 09-03-2001, the 2nd Respondent published a list of what was called “new Polling Stations for the Army Units.” The Notice explained that the new Polling Stations were created as a result of transfers in the Army.

On 11 -03-2001, by a letter (annexture R8 to the Petitioner’s affidavit and annexture R.6 to Mr. Kasujja’s affidavit) addressed to all Task Forces of Presidential Candidates Mr. Kasujja, said:

“The Electoral Commission in forms all Presidential Candidates that the list of all Polling Stations Countrywide is herewith attached.

NOTE: That some of the Polling Stations have been spilt for purposes of easing the voting process. For this purpose the Polling Agents for each candidate should be appointed in the split Polling Stations. Please note that the changes have already been alphabetically effected on the Registers.