Polls face delay as FDC goes to court

It's true; FDC has dragged the Electoral Commission to the High Court over non issuance of voters' cards, reports Daily Monitor's Lydia Mukasa, Alfred Wandera & Mercy Nalugo

Kampala

The February 18 presidential election could be deferred to a later date following a suit filed by the Forum for Democratic Change in the High Court, seeking a declaration that the Electoral Commission be compelled to issue voters’ cards.

FDC through its lawyer, Mr Wandera Ogalo, on December 22 filed a suit against the national electoral body over its failure to issue voters’ cards to over four million newly-registered voters. This comes after the EC’s announcement late last year that it will not issue new voters’ cards for the 2011 general elections.

Rigging fears.

The party says EC’s decision to allow the four million people vote without cards will lead to abuse of the electoral process and is likely to culminate in an unfair poll.


If court tolerates the suit, the EC will be forced to print voters’ cards within the remaining one-and-half months to polling day, which may not be practicable given the financial, time and other logistical constraints.

Electoral Commission’s Secretary Sam Rwakoojo, however, contends that Section 35(3) of the amended Presidential Elections Act, 2010, provides for voting without voters’ cards.

The section states that where a person does not have a voters’ card but is able to prove to the presiding officer or polling assistant that their name and photograph are on the voters register, the presiding officer or polling assistant shall issue them with a ballot paper to vote.

Mr Rwakoojo yesterday told this newspaper that people have been allowed to vote without cards. “A number of people have lost their voters’ cards and some have left them in the banks as identification cards. What do you do to such people? ” he asked.


But Mr Ogalo, in the pleadings before court, argues that Section 35(3a), as amended, only applies to voters who registered before last year’s registration exercise and were issued with voters’ cards but either lost them or are have otherwise been damaged.

“The Electoral Commission has issued a blanket decision not to issue voters’ cards to the recently-registered people. This means that there is no basis for identification whatsoever since they have never been issued with the voters’ cards, and it only offers room for election malpractices,” Mr Ogalo said.

FDC now wants court to quash EC’s blanket decision which also provides that the Ministry of Internal Affairs will issue the voters’ cards after the February polls.


The party says EC has a statutory duty to design, print, and issue voters’ cards to voters whose names appear in the register, and accuses it of deliberately refusing to fulfill its obligation in respect to the four million voters who registered last year.

Ms Salaam Musumba, the party vice president in charge of eastern region, in her affidavit in support of the case, claims that the four million voters risk being disenfranchised by the electoral body. “I know that EC disenfranchised many voters by deleting their names from the voter’s register in 2006 having read the presidential petition judgement of the Supreme Court of 2006,” Ms Musumba stated.

The case has been fixed for hearing on January 12 before Justice Eldad Mwangushya.
Meanwhile, four presidential candidates yesterday protested the EC’s refusal to let Ugandans cast their vote without voters’ cards.

Dr Kizza Besigye (IPC), Olara Otunnu (UPC), Beti Kamya (UFA) and Abedi Bwanika (PDP) put forward their demands while meeting religious leaders in Kampala.

Besigye advises on how to defeat NRM

Daily Monitor's Dan Wandera reports in this Tuesday article about Dr. Kizza Besigye giving tips on how to humiliate Museveni and his NRM at the polls

Luweero

The Inter-Party Cooperation presidential candidate, Dr Kizza Besigye, has told Luweero voters to watch and defend the ballot box after casting the vote as the only means of defeating the NRM.

Dr Besigye, who was addressing Zirobwe and Bamunanika Sub-county residents at his campaign rallies, said circumstances have forced the NRM to abandon other rigging methods but the open and most prominent method --rigging at the ballot box.

“You must watch keenly what takes place at the ballot box after casting the vote. We are sure that the NRM is going but the ballot box must be secure,’’ he said at a rally in Bamunanika.

The FDC leader said he would not be intimidated by threats of arrest because of announcing results to his people, saying the electoral laws are clear. “Why are these people panicking when it comes to declaring the result? We shall do it as it is within the law to ensure that our people get to know the real results of victory,’’ he said.

He added that the NRM party that has turned out to be a party of relatives has lost moral authority for governance because of the widespread corruption in most of the government institutions.

Dr Besigye, who made a stopover at Bamunanika Police Post and directed his supporters to paste his poster alongside those of the NRM candidates, said the police was supposed to be neutral and incase they allowed posters then all candidates from different political parties should be allowed to have theirs displayed.

Thugs burn cars to stop Besigye rally

In this article published on Monday, Daily Monitor's Dan Wandera & Alfed Wandera show the extent to which some people have descended in messing up the campaigns
 

A day after suspected NRM supporters burnt two cars belonging to an FDC parliamentary candidate in an attempt to stop Dr Kizza Besigye from campaigning in Nakaseke District, the opposition leader has said such acts are signs of a collapsing regime.

Dr Besigye, while campaigning in Ngoma, Nakaseke District yesterday, said it was dangerous to use political ideology to execute criminal acts including intimidation, harassment and destroying property because belonging to a particular political party is a constitutional right which should be enjoyed by every Ugandan.

Hot spot
Dr Besigye was responding to an incident in which two cars belonging to the Nakaseke North constituency FDC parliamentary candidate, Mr Moses Kabarema, were torched by unknown thugs on Friday night.

According to Mr Kabarema, who is contesting against NRM’s flag bearer and Finance Minister Syda Bbumba, the act was an attempt to scare Dr Besigye from campaigning in Ngoma Sub-county, an NRM stronghold. “On Friday, boda boda cyclists warned me that they would demonstrate if Dr Besigye came to campaign in Ngoma Sub-county because they think it is an NRM stronghold,” Mr Kabarema told Daily Monitor.

NRM vice chairman for Buganda region Abdul Nadduli condemned the act and warned people to stop hiding behind the party to commit crimes. “We should allow the investigations to continue and those found guilty should be punished. NRM doesn’t condone such acts because that is what killed UPC,” Hajj Nadduli said.

Speaking in Ngoma, Dr Besigye said: “You people should not be dragged into criminal acts and intimidation of fellow citizens. You will be made to answer for these acts at one time.”

Nakaseke RDC, Mr Geoffrey Kyomukama, said he had cautioned the rowdy youth, telling them it is Dr Besigye’s constitutional right to campaign in any part of the country.

Police spokesperson Judith Nabakooba said the same thugs raided a bar run by the candidate’s wife and broke a television set and a DVD at 1am as she was about to close. Despite the dirty scenes, Dr Besigye traversed Nakaseke District canvassing for votes.

At a rally in Kinyogoga Sub-county, he discounted claims that his rivalry with President Museveni is personal.

“The high level of corruption and collapsing government institutions cannot be personal matters between Besigye and Museveni,” Dr Besigye said. He added: “We cannot fight over women and cause change in this country. My cause is to redeem this country of the widespread corruption, rebuild government institutions and boost the farmers to make Ugandans enjoy their country.”

Reforms are needed to ensure success in 2011 polls

In this commentary published in Daily Monitor on Monday, Mr. Alexander Ndiku argues that serious reforms are antecedent to peaceful elections

Following the articles entitled, ‘Museveni vows to arrest Besigye’ and ‘Polls: Besigye hits back at Museveni’ in Daily Monitor of December 22 and December 23 respectively, the declarations made by both parties do not advocate ‘rule of law nor promote democratic principles’ as enshrined in the 1995 Constitution. Dr Kizza Besigye declared intent to gather election results from polling stations and announce them. In response, Mr Yoweri Kaguta Museveni declared he would arrest Dr Besigye in the event of doing so.

The 1995 Constitution Chapter 5 (section 60), states the obligations mandated to the EC, among which, is to organise, conduct and supervise elections as well as ascertain, publish and declare results of the elections. It is also stated that, the EC in its performance of duties as mandated must be independent and fair.

Uganda’s election history begins in 1958 when the first EC comprising local elders and traditional leaders was set up. Under this EC, several elections were conducted, including the Limited African/Uganda Franchise and Representation to the Legislative Council (Legco) of 1958. On June 25, 1980, the chairman of the Military Commission Paulo Muwanga (RIP) established the an EC and between December 10 and 11 December 1980, a Commission headed by K.M. Kikira as chairperson was set-up. The EC organised and conducted the 1980 elections in which UPC emerged as the winner.

On February 6, 1981, Mr Yoweri Museveni (now NRM presidential candidate for 2011 elections) declared war on the UPC government, citing rigging of 1980 elections. For more than a decade later, no direct elections were held.

On December 21, 1988, the enactment of the Statute No.5 of the 1988 led to the establishment of the Constitutional Commission mandated with processing and developing of the new constitution. Under Statute No. 6 of 1993, the Commission for the Constituent Assembly was established headed by Mr Steven B. Akabway as the chairman. The Commission organised and conducted the CA elections in March 1994.

After the promulgation of the Constitution in October 1995, Statute 3 of 1996 enabled the establishment of an Interim Electoral Commission (IEC). The IEC was set-up headed by Mr Steven B. Akabway as the chairman. IEC organised and conducted the 1996 general elections.

In May 1997, Parliament enacted the Electoral Commission Act 1997 which established a permanent Electoral Commission but also provided for presidential powers to appoint, with the approval of Parliament, the EC chaired by Hajji Aziz K. Kasujja was set-up and organised and conducted 2001 general elections. On November 18, 2002, Eng. Badru M. Kiggundu was appointed another EC chairman and he manned the 2006 elections.

In both the 2001 and 2006 general elections, Dr Besigye claimed to have won the polls, but cited vote rigging to have denied him victory. In 2006, the Supreme Court found poll irregularities but concluded that such irregularities could not have changed the outcome.

The failure to abide by the rule of law is among the many causes of recurrent poor governance in this country. The manner in which our political leaders embrace the law to suit themselves remains a challenge to our democracy.

In a situation where the EC seems not to be able to perform its duties as mandated by the Constitution, it should be disbanded and a new one instituted.

Mr Ndiku is a Ugandan civil engineer living in Johannesburg, South Africa
nmbaraga@gmail.com

IPC wants Kayihura to explain Nakaseke fracas, say opposition defections to NRM stage-managed

Daily Monitor's Sheila Naturinda, Alfred Tumushabe & Rajab Mukombo, report in this Daily Monitor article about the partisanship the Ugandan as the presidential campaigns pick more fire. 

The Inter-Party Cooperation (IPC) yesterday demanded for an explanation from the police boss on circumstances relating to the closure of a radio station in Nakaseke. The IPC said the anti-riot police barricaded the radio premises, locked the doors and denied entry to Dr Kizza Besigye, the coalition’s presidential candidate.

“The IGP should now explain how his police barricaded the radio station to prevent entry,” said Maj. Rubaramira Ruranga, the coalition’s national electoral commission chairperson. However, the police yesterday told this newspaper that the IPC should make a formal complaint and stop blaming the force for the decisions taken by the radio management.

Police deny involvement
“Police was called in by the management,” police spokesperson, Judith Nabakooba, said. “Police wasn’t involved at all. Management decided to close their radio.” Addressing the media at the Forum for Democratic Change headquarters in Kampala, Maj. Ruranga said Dr Besigye was stopped from featuring on a talk show on Nakaseke FM, whose studios were closed.

“With radio presenters locked inside, the anti-riot police seemed to think Dr Besigye would force his way into the the studios,” Maj Ruranga said. “Our supporters just poured into the barricade and Dr Besigye addressed them from the veranda of the studio.”

Dr Besigye was denied the airwaves shortly after some gangs had torched cars belonging to FDC’s Moses Kabarema. The thugs burnt the vehicles hoping to stop the Besigye rally in an NRM stronghold, also finance minister Syda Bbumba’s constituency. “We shall go the furthest distance and also ask the EC and all others concerned to explain why they are treating us like this,” Maj Ruranga said. In November, six radio stations in western Ugandan denied Dr Besigye airtime and later told the EC that they did not have enough space to accommodate him.

Defections and denials
Maj Ruranga also welcomed into the IPC Mr Stuart Bukenya, an NRM national mobiliser, who crossed to the opposition camp, claiming the NRM is not relevant to Uganda anymore. Mr Bukenya handed over his party card, his mobiliser’s identity card and he was given a blue IPC campaign t-shirt. In Mbarara, FDC leaders moved to deny defections to the NRM, claiming those presented as defectors have never been committed party members.

Mr Museveni on Sunday received 185 people who defected from FDC in Kiruhura. The FDC District Woman MP candidate, Ms Dorcus Mpinga, pulled out of the race in favour of NRM’s Beatrice Rusaniaya. “We don’t know most of those who were presented. The NRM mobilisers wanted to please their leader,” said Mr Robert Tumwesigye, FDC party secretary for the district. He said Mr William Tumusiime (former district treasurer), Mr John Tugume (former secretary for mobilisation) and Mr Dennis Mugisha (former district vice chairman) were chased from leadership and replaced in April.

I will force Museveni to hand over power, says Besigye

If the Ugandans decide, then Museveni will have no choice but to leave, Dr. Kizza Besigye reassures Ugandans while on his campaign trail, reports Daily Monitor's James Eriku, Stephen Komakech & Gerald Bareebe  

The Inter-Party Cooperation presidential candidate, Dr Kizza Besigye, has said he will use all means at his disposal to ensure that President Museveni hands over power if he defeats him in the elections.

Dr Besigye was on Tuesday responding to a question by a resident of Pader Town Council, who wanted to know what he would do if Mr Museveni refuses to cede power after losing the elections.

“There is no way he can fail to hand over power,” Dr Besigye said in response to the question, “….although military option to topple Museveni’s government is not part of our plan, he can be removed just like any other regime by the will of the people.”

Dr Besigye said he has tactically been studying Mr Museveni’s political calculations and that he will be forced to invoke peoples’ power if Mr Museveni refuses to hand over power.

Dr Besigye assured Pader residents that he has established a mechanism to ensure that his votes are protected and monitored so that they are not rigged by the NRM, a party he accused of “shamefully” rigging its own internal polls. “This time Museveni and his cliques are going,” he said.

“We have our boys who will be taking no chances during the voting and tallying exercise.”

Fighting corruption
The IPC presidential candidate said his government will rid the country of corruption and mismanagement. He accused the NRM government of betraying the ideals of restoring good governance and democracy, which he said inspired the Bush War, which brought Mr Museveni to power.

Dr Besigye, who is also the FDC leader, fought on the NRM’s side in the Bush War in 1986 and also served in the government until 1999 when he broke ranks with the NRM administration.

He said the people have the power to overthrow the government so long as they feel it does not represents their will. Addressing a rallying in Agoro Trading Centre in Lamwo District on Wednesday, Dr Besigye promised to rehabilitate Agoro Irrigation Scheme and initiate new ones to improve agricultural production in Acholi sub-region.

He said the irrigation scheme will alleviate poverty and improve food security. “This government of Museveni only planted poverty in this region by sustaining the LRA war for a long time,” he said. Dr Besigye promised to increase funding to the agricultural sector.

Yes, Besigye can legally announce poll results

In this star letter published on Thursday, a Daily Monitor reader justifies Dr. Kizza Besigye's plan to  announce the election results

As the country prepares for the forthcoming presidential elections, it is important for us to consider the question as to whether it is possible for Dr Kizza Besigye [the Inter-Party Cooperation] presidential flag bearer to announce election results.

The answer is a big yes because the results are announced to the public at every polling station immediately after voting has ended. This is in accordance with the Constitution which states in Article 68 as follows:

l Immediately after the close of the poll, the presiding officer shall proceed to count the votes at the polling station, the ballot papers of that station and record the votes cast in favour of each candidate.

l The presiding officer, the candidates or their representatives if any, shall sign and retain a copy of a declaration stating:

- the polling station.

- the number of votes cast in favour of every candidate.

The presiding officer shall then announce the results of voting at that polling station before communicating them to the returning officer.

What Dr Besigye or any other presidential candidate needs to do is to have a representative at each polling station.

The representative will retain a copy of the form bearing the results which copy will have been signed by the presiding officer and countersigned by the candidates’ representative present.

On the basis of the copies collected at all polling stations, the results can be totalled or tallied. There is no big deal in tallying of results.

Incidentally, it is advisable for the NRM to also have a parallel vote tally. This will help them to have an independent source of information and to track the elections.

I have on many occasions advised political parties and others interested in doing a national tally of results that they must ensure that they have representatives at each polling station.

Secondly, when they have tallied their results, they should be calm and avoid excitement until the Electoral Commission announces the official results.

Another caution is that the parties should avoid relaying the results using sms messages. A tally of results in a situation like ours must be based on hard copies signed by the presiding officers or else it can result in unnecessary tensions which may lead to violence.

If anyone feels that the results have been falsified, the solution is to go to court and use the results compiled by the aggrieved side as evidence. This is the civilised way of solving election disputes.

David Byakutaga,
dbyakutaga@yahoo.com