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E.African court dismisses application seeking to halt 2021 elections

City lawyer Male Mabirizi

City lawyer Male Mabirizi

The East African Court of Justice sitting at Arusha in Tanzania has dismissed an application lodged by lawyer Male Mabirizi Hassan Kiwanuka seeking an interim order halting the 2021 elections.

Mabirizi ran to the East African court challenging the 2018 Constitutional Amendment Act that scrapped the upper and lower cap on the presidential age, effectively handing a carte blanche to President Yoweri Museveni to rule Uganda forever.

Mabirizi together with other Ugandans challenged up to the Ugandan Supreme court the constitutionality of the amendment but lost on both occasions. His co-applicants gave up the appeal when the Supreme court ruled in a 4:3 majority to dismiss the application.

Not known for giving up, Mabirizi ran to court to have it quash the law. However, by the time the application is heard and disposed of it was obvious to him that the 2021 elections would be over and hence rendering whatever judgment that the court would have arrived it meaningless.

Therefore, Mabirizi sought an interim order stopping the elections, which is now for certain that Museveni is going to contest; until the court pronounces its self on the matter.

Delivering their judgment yesterday Thursday, a panel of five judges unanimously declined to allow Mabirizi’s application. The panel had justices, Monica Mugenyi, Faustin Ntezilayo, Audace Ngiye, Charles Nyawello, and Charles Nyachao.  

The judges ruled that based on the material on record, the implementation of the impugned act and the preparation for the 2021 general election is well underway.

“Consequently, mindful as we are of the legitimate concern that the applicant may have as regards the financial costs incidental to the implementation of an impugned law, we would nonetheless exercise our discretion to decline to grant the interim orders sought given their far-reaching repercussions to the constitutional order of the respondent state,” the judgment reads in part.

They added that the effect to the electoral process of granting the interim orders sought cannot be ignored because this would mean to halt all preparations for and processes designed to lead the general election scheduled for 2021.

The judgment goes on to say that, this would also include putting a stop to processes intended to align all electoral laws and regulations to the impugned Uganda constitution amendment act 2018.

“It is clear that the electoral timetable is quite constrained and to halt any part of it for any length of time would certainly throw the electoral cycle into disarray with obvious political, social and economic not to mention constitutional ramifications,” the judgment reads.

It however also adds in the same paragraph that should the court decline to grant the orders sought and Mabirizi subsequently succeeds in his case against term limits, huge levels of public resources would have been effectively spent in vain, causing Ugandan taxpayers significant monetary loss.

To address this, the court ordered for quick fixing of the original application so that it’s heard and determined before it’s overtaken by events.

“We take the view that the judicious and expeditious determination of the substantive reference would redress the applicant’s concerns about the legality of the impugned law viz a viz the treaty…We direct that the reference be fixed for hearing at the earliest opportunity,” the judgment reads in part.

The court declined to award any costs saying they will be configured after the main application is determined.

Comments

+1 #1 WINNER 2020-02-07 10:40
Fear of the leopard is what is seen in such a judgment.

Anyway who cares about the so called 2021 elections when the outcome is an already known public secret? Just allow us to mind our work for the daily bread.
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+3 #2 Lakwena 2020-02-07 10:54
By dismissing Mabirizi's application; these Judges of the E.A Court of Justice have become part and parcel of the "Problem of Africa".

In other words, because Ugandans are already sick and tired of their 34-year "Problem of Africa" (Mr. M7), what the judges perceives as "far-reaching repercussions to the constitutional order" would have been only a temporary repercussion, which wouldn't have made Ugandans to lose sleep.

if they had decided otherwise, it would have been the only cure for Ugandans current Problem of Africa. Unfortunately they have sided with, issued a blank and condemned Ugandans to the "Problem of Africa", Mr. M7.
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+4 #3 Zaitun 2020-02-07 15:12
I am quite convinced that, the billions that disappeared from the Central Bank recently, which Radio Katwe attributes to ilicite withdrawals by a one brother of the President must have found its way to Arusha in Tanzania as "Chai" to wet the throats of those learned men and women.

The day Ugandans will react violently, these men and women in black should not plead for mercy and say we did not anticipate that reaction!!!
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+4 #4 Lysol 2020-02-07 21:23
Mbabrizi is a pragmatic legal scholar, but he tried the go-alone with his case.

Always assemble the best lawyers you can afford to help you with your case. Otherwise, you will always lose, even though the truth is on you side.
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+1 #5 Kabayekka 2020-02-08 15:43
It is now obvious to this Ganda well learned lawyer that it is better to join his tribes people who are trying to avoid to participate in these election cycles that are not free and fair.

It is indeed a legal win for those who have turned Uganda National Elections into a very profitable commercial venture!
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0 #6 Akot 2020-02-08 18:59
Quoting WINNER:
Fear of the leopard is what is seen in such a judgment.

Anyway who cares about the so called 2021 elections when the outcome is an already known public secret?


Agreed.

Why will Ugandans go to vote when it's Museveni the only winner?

If Mugabe hadn't been removed from office, he would still be alive on wheel chair ruling & Museveni will live +90 years & will rule Uganda for life!

No normal people go for election in a shithole controlled by a demon for 34 years, but they rise up in UNITY to ensure the fake election doesn't take place & the demon is left no choice, but to leave office!

Museveni's stay in power depends on Ugandans to whom tribal lands that form Uganda belongs & they alone can throw Museveni OUT, but in UNITY!

As it is Museveni will conclude 35 years & just go on!
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0 #7 Akot 2020-02-08 19:20
Lakwena, understood, but,

Ugandans are at peace under Museveni & not even East African courty will go against him & cause problems; Ugandans didn't UNITE around Dr Besigye, won't UNITE around mp Bobi Wine & show they want Museveni out!

Museveni the ruler Ugandans are at peace with & no outsider will cause chaos in this peaceful land!

But is Museveni eternal, what will happen when he'll be no more & leaves Ugandans in the tribalistic system without common Opposition Leadership & no tribe wants to be independent & run it's affairs?

East African court joined Uganda court that locked Dr S. Nyanzi in prison to ensure Museveni rules without opposition because Ugandans still need/want him!

Egyptians told developed world off & voted for Mubarak but realised by locked themselves with a dictator & shut the outside world out immediately. So they UNITED, came out to block him.
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0 #8 Akot 2020-02-08 19:29
Lysol, understood, but,

Only Ugandans can bring any outsider to give them true justice & the East African ruling is not different from the Uganda Court one that locked Dr S. Nyanzi in prison for mocking Museveni!

This is because Ugandans are at peace with Museveni's way of ruling & no one in post would go against the Ugandan ruler!

But once tribal leaders say NO to tribalism & stand down & Ugandans UNITE to say enough is enough, things will just fall in place!

Which tribal land will Museveni have as base to fight back from this time?
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0 #9 Akot 2020-02-08 19:43
Kabayekka, understood, but,

Buganda is part of Uganda & Museveni is the chief tribal leader!

How many Bagandans work & pay taxes to Museveni's Uganda & how many pay it to Kabaka?

At this point as no tribe wants to break away to be FREE from Museveni's Uganda & protect its people, no tribe is safe!

Acholi tribal leader/elites are licking Museveni's boots instead of forming Independent State, mind their business without causing trouble to any other!

Where is Rwenzururu tribal leader believed to have been planning against Museveni?

Museveni has no legal, no birth rights to force any tribe to be part of his Uganda, right?

So, withou that so needed UNITY for common cause, tribes can form Independent States that will leave Museveni an outsider on their lands!
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-2 #10 charles asaba 2020-02-09 08:25
he contested and failed and now is seeking an alternative way ugandans are at peace doing their businesses you bring nonsense did he think east african court is far not knowing what is taking place in uganda so he can lie them
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