MR. R KABATASI - SOLICITOR GENERAL
Mr. Peter Kabatsi, the Solicitor-General, on behalf of the Commission agreed with submissions made on issue number one by the other Counsel for the first Respondent on the standard of proof in election petitions. He added that if there is non-compliance by the Commission, the burden of proof of non-compliance rests on the petitioner throughout. In his view the standard of proof for noncompliance in respect of a presidential election is even higher than normal parliamentary elections. He cited the case of Ibrahim vs. Shehu Shagari and others (1985) LRC (const.) in support.
On the involvement of the Uganda Peoples Defence Forces (UPDF) in the electoral process, the learned Solicitor General referred us to Article 209(a) to (c) of the Constitution, which provides that:
“209 The functions of the Uganda Peoples’ Defence Forces are:
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