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

Voting and Voters Cards

There are a number of witnesses who swore affidavits to highlight problems or malpractices relating to voting and voters’ cards. These include Sulaiti Kule of Kasese Town, F. Masinde of Mayuuge, Guma of Yumbe, Maliki Bukoli and Ojok D. of Mbale Municipality, Wafidi Amir of Bungokho County, Koko Medard and J. H. Kasamunyu of Kanungu, Kirima Karenzyo E. of Kanungu and Bwambale S. of Kasese Town Council. Again these witnesses are from different districts across the country and each independently speaks about unregistered voters voting and multiple voting and so on.

Chairman Kasujja in his supplementary affidavit of 9/4/2001 and the other affidavit in reply to those of Dr. Mukasa B, of Ndyomugenyi and of Twinomasiko has challenged these witnesses. So has Byaruhanga Moses and others. I cannot tell from Chairman Kasujja’s replies that he himself used to go up country. He was in Kampala. Moreover he does not appear to recollect that in the critical month of March he had admitted in his letters of 8/3/2001 and of 9/3/2001 that wide spread intimidation and harassment existed and he had no powers to control the army and PPU who perpetuated these acts, contrary to his earlier advice. Many of the witnesses mentioned above refer to various acts of malpractices by agents of the two respondents that were committed on 12/3/2001. There is evidence of absence of polling materials even in as near a place as Kampala. (See Kassam), Louis Otika and Dr. Mukasa’s affidavits, for example, there was the verbal extension of voting beyond 5.00 p.m. on 12/3/2001, itself evidence perhaps of lack of foresight or absence of competence. This was followed by voting without verifying voters especially by members of the UPDF who never respected the principles of transparency and therefore they interfered with the free will of the voters.

It baffles me how a very serious exercise like a presidential election can be reduced into a sort of farce by announcement that people without voters cards can vote. The consequences are clear namely the disregard of rules which would ensure that unregistered or wrong people do not vote.