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

Threat to Cause Death to the Petitioner:

In para 2 (a) of the Petition, the Petitioner complains that the 1st Respondent threatened that he would put the Petitioner six feet deep - which meant causing death to the Petitioner when he was in the public interest, pointing out grievances on mismanagement in the UPDF and this had the effect of scaring voters to vote for the 1st Respondent to guarantee their own safety.

The 1st Respondent denied the allegation. He stated that prior to the electoral process he had in his capacity as President and Commander-in-Chief warned that any person who interferes with the army would be put six feet deep. He stated further that he made the statement on the 27 November 2000 at the National Conference of the Movement and that he made the statement for the security, good governance and order of the country to deter subversion in the army.
In his affidavit in reply to the Petition, the 1st Respondent denied uttering the threat against the Petitioner. He explained that he made this statement at the National Conference of the Movement on 27 November 2000 and he made for the security good governance and order of the country and to deter subversion in the army. He did not make the statement for purposes alleged in the Petition.

It is not clear under what provision of the law the complaint is based. It seems however that the Petitioner is alleging intimidation of his voters by the 1st Respondent’s threat. The threat is admitted by the 1st Respondent, but not the motive or effect as alleged by the Petitioner.

The Petitioner adduced no evidence to support the allegation that the statement was made in reference to himself as a candidate or to scare his supporters, or that any of his supporters were indeed scared or voted for the 1st Respondent. The statement was made in November 2000 before nomination of candidates and the 1st Respondent has explained the purpose of making statement. I find that the Petitioner has failed to prove to my satisfaction that the 1st Respondent committed an illegal practice or offence by making the alleged statement.