Former MP drags EC to court over 2021 roadmap in non-existent constituencies

Eddie Kwizera, a former Member of Parliament has dragged the Electoral Commission and its chairperson, Justice Simon Byabakama to court for extending the 2021 roadmap to six constituencies that were recently declared non -existent.

In December, the Constitutional Court declared six constituencies as being non-existent for being curved out of the original constituencies after the 2016 general elections yet no by-election was held.

Consequently, Members of Parliament representing the six constituencies were thrown out of parliament.

However, in his latest petition, Kwizera, the former Bufumbira County East legislator says despite being aware of the court order, the election body has extended the 2021 roadmap to 296 constituencies, inclusive of the six that were declared non- existent.

“The respondents have gone ahead and published in the Uganda Gazette the list of parliamentary constituencies for purposes of the 2020/ 2021 general election. The respondents in disregard of the court orders continue to recognize and plan for elections for constituencies which this court held not to exist,”Kwizera says.

He says by extending the 2021 roadmap to the six constituencies, the Electoral Commission is in violation of court orders.

In the petition, the former legislator says the Constitutional Court asked the election body to provide evidence to prove demarcation and constitutionality of the said constituencies but the same has never been fulfilled.

“I believe that though the time within which to file the evidence of demarcation has not expired, the decision to hold elections in those constituencies without filling such evidence, undermines the authority of this court.”

Orders

In his petition, Kwizera wants court to order the arrest of the Electoral Commission chairperson for contempt of court and all preparations in respect to parliamentary constituencies created after 2001 halted.

“The first respondent (Electoral Commission ) should pay a fine of sh3 billion to the registrar of the court in order to purge contempt of court,”Kwizera says.

Background

The Constitutional Court in Kampala last year threw out six MPs out of Parliament after ruling that they had illegally been elected into the August House.

In a unanimous decision, five Justices of the Court including Alphonse Owiny Dollo, Kenneth Kakuru,  Cheborion Barishaki, Fredrick Engonda- Ntende and Christopher Madrama ruled that  Patrick Ochan (Apac, UPC party), Elioda Tumwesigye (Sheema, NRM party), Tarsis Rwaburindore (Ibanda, NRM party), Hashim Sulaiman (Nebbi, NRM party), Asuman Basalirwa (Bugiri, Jeema party) and  Abraham Lokii (Kotido, NRM party) were elected to parliament in non-existent constituents.

https://nilepost.co.ug/2019/12/27/court-orders-six-mps-out-of-parliament-no-by-election-until-2021/