The decision by the Electoral Commission (EC) to ban mass political campaign rallies ahead of the 2021 polls has been challenged in the High Court in Kampala.
On Tuesday, the EC chairman while releasing a revised Election Road for 2021 polls, said campaigns by aspiring candidates, will be conducted via media and online channels as a measure to observe the Ministry of Health Covid-19 guidelines avert the spread of the deadly global pandemic.
Mr. Joseph Kabuleta, a former journalist turned pastor, in this lawsuit, says that the EC’s announcement is aimed at gaging the public from taking part in free and fair elections.
Mr Kabuleta, for purposes of this lawsuit he filed on Friday, refers to himself as a public-spirited citizen who is interested in participating in the governance of Uganda.
“The respondent’s directives (EC), interfere with freedom and independence of aspiring candidates from carrying out public campaign meetings as provided for under Section 20 of the Parliamentary Elections Act and Section 3 and 21 of the Presidential Elections Act by setting arbitrary and unjustifiable standards which are neither enshrined in the Constitution nor the laws of Uganda,” the petition reads in part.
It adds: “A declaration that the guidelines or revised timelines issued under the hand of the chairman in a letter to the press dated June 16, 2020, are in 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 free and fair elections, which are a fundamental tenet of any democratic society.”
The announcement has since been received resistance by the opposition politicians, reasoning that it will mainly favor incumbents.
Mr Kabuleta contends that the directives of the EC have since usurped and hijacked the mandate of people and Parliament.
Further in his suit, Mr Kabuleta wants the court to declare that the issued guidelines by the EC, are highhanded, unfair and a violation to his right to be elected and elect other leaders as enshrined in Articles 1 (4), 20(1) & (2), 29(1)(a), (e), 38, 40(2), 42, 44(c), 45, 76 of the constitution.
Through Walyemera & Co. Advocates and Cymbell Advocates, Mr Kabuleta, wants the court to quash the directives of EC of having scientific elections because they are illegal.
He also wants an order directing the electoral body to carry out a nationwide consultation with key stakeholders before any fresh guidelines for 2021 general polls are issued.
At the tail end of his lawsuit, Mr Kabuleta avers that he will adduce evidence to prove that the guidelines issued by the EC boss are vague and without any force of law.
The court is not to summon the EC, the sole respondent in the suit, to file its defense before a hearing date can be picked.