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

Considering the affidavit of the 2^nd respondent, clearly voters’ Registers/Rolls were displayed for a maximum of 5 days which contravened sub-section (1) of Section 25 of the Electoral Commission Act, 1997 which required voters roll to be displayed for a period of not less than 21 days. Although the 2r,d respondent had powers to vary the time under section 38 of the same Act, the powers given was confined to enhancement of the time, but not to decrease the period of display of voters’ roll. Therefore display of voters roll for 5 days was a noncompliance with Electoral Commission Act. However, this would not cause annulment of the elections since it was not a non-compliance with the Presidential Elections Act and moreover, even if it had contravened the Presidential Elections Act, the petitioner would have the onus of proving that the noncompliance affected the result of the election in a substantial manner.

13. The other complaint was that after the petitioner’s polling agents were chased away from the polling stations, voting continued and eventually counting and tallying of votes were done in the absence of petitioner’s agents. Clearly, this offended section 4 of Section 47 of the Presidential Elections Act. The evidence of James Musinguzi in his affidavit sworn on 23^rd March 2001 at Kampala, in particular paragraph 11, 1 2 & 1 5 state as follows:

“(11) That on the day of elections, I visited Kashojwa, Nyarurambi, K(fumbwe and Ntungamo polling centres in Kanungu district and at all these centres, I found that the polling agents for Dr. Besigye were chased away from the polling areas and there was no actual voting since ballot papers were being pre-ticked in favour of candidate Museveni by the polling officials who would then direct the “voters” to just put them in ballot box. I complained about this to the returning officers but 1 was disregarded. In fact the GISO of Kirima in presence of the Kirima LC111 chairman bluntly told me that my complaints were a waste of time as it had already been decided that Dr. Besigye should be allowed not more than 3 votes in Kijubwe Parish. Indeed Dr. Besigye ended up with 3 votes from that polling centre comprising of 3 polling stations, although our agents alone numbered 15.

(12) At the said Kijubwe polling centre our agents had been chased away but after the so called vote count the said agents including one Sam Kakuru were dragged from their homes and forced to sign the declaration forms in respect of voting which had not witnessed.

(13) That when I arrived at my polling station at Ntungamo, all voters were being given pre-ticked ballot papers to cast in favour of candidate Museveni. I asked for our agents and was told they had been sent off. I traced them to their homes and they confirmed this.