Electoral Commission dragged to court over 'scientific' 2021 elections

Former journalist turned evangelist and political commentator Joseph Kabuleta has dragged the Electoral Commission to court over its revised roadmap for the 2021 general elections announced on Tuesday.

On Tuesday, the electoral body announced that there will be no mass rallies in the forthcoming polls in favour of radio and TVs in what has since been dubbed as “scientific” elections.

In his Friday suit before the Civil Division of the High Court in Kampala, Kabuleta says that the scientific elections are in violation of Article 1(4) of the Constitution of the Republic of Uganda and infringe on the right to transparent, fair and free elections.

“The respondent (Electoral Commission) seeks to arbitrary gag the public at large from taking part in a free and general election, unjustifiably curtail free speech and freedom of expression, and impose disproportionate and unconstitutional limitations on the public, which are not demonstrably justifiable in a free and democratic society,” Kabuleta says.

https://nilepost.co.ug/2020/06/16/candidates-to-use-new-media-as-ec-bans-physical-rallies-in-2021-election-campaigns/

The former journalist avers that the directives by Electoral Commission stopping aspiring candidates from carrying out public campaign meetings as provided for under Section 20 of the Parliamentary Elections Act, 2005 and Section (3) and 21 of the Presidential Elections Act are illegal and violates the constitution.

https://nilepost.co.ug/2020/06/17/joseph-kabuleta-threatens-to-sue-electoral-commission-over-scientific-2021-elections/

He also argues that the scientific elections violate several rights including the right to be heard, to participate in public affairs and the right to a transparent, free and fair elections.

“The respondent has usurped and hijacked the free will and consent of the citizens of Uganda by imposing on them, “scientific” election(s) campaigns through media, which are a violation of the electoral laws, in further violation of the Respondent’s statutory duty to carry out a transparent, free and fair general elections,” he says.

Kabuleta argues that the cost of carrying out campaigns through radio and tv stations in beyond the reach of many Ugandans who intend to contest as candidates at various levels as thus disfranchising many citizens from participating from the polls.

“Unless restrained by this honorable court, there is an imminent threat of the respondent usurping the free will and consent of Ugandan citizens, consequently infringing on citizens’ rights to participate in the affairs of government individually or through their elected leaders by the law.”

Orders

The former journalist turned political commentator now wants the court to order the Electoral Commission to reverse the said guidelines because they violate the Constitution,

“ The applicant seeks for a declaration that the guidelines and/or revised timelines issued under the hand of the chairman of the Respondent in a letter to the press dated 16 June 2020 and referenced Adm72/01 are a violation of the right to vote, to be elected and to participate in public affairs and are thus an infringement on the right to take part in a free and fair election, which are fundamental tenets of any democratic society as enshrined in Articles 1(4), 20(1) & (2), 29(1)(a),(e), 38, 40(2), 42, 44(c), 45, 76 and National Objectives and Directive Principles of State Policy No. I, II, and XXIX (f) & (g) of the Constitution of the Republic of Uganda, 1995,” the court documents read.

Kabuleta also wants the court to issue an order directing the Electoral Commission to carry out a nationwide consultation with key stakeholders before any fresh guidelines for the 2020/2021 general elections are issued.

https://nilepost.co.ug/2020/06/17/we-dont-require-anyones-advice-before-coming-up-with-an-election-roadmap-ec/