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    Supreme Court Wants Uniformity On How To Apply For Stay Of Judgment After Basalirwa And Five Other MPs Survive Losing Their Seats….

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    L-R: Ibanda's Tarsis Rwaburindore, Bugiri's Asuman Basalirwa, Sheema's Dr. Elioda Tumwesigye and Nebbi's Hashim Sulaiman

    Supreme Court judge Dr. Esther Kisaakye has asked the judiciary leadership to design a uniform procedure on how someone can apply for stay of execution in a higher court after losing in the lower courts.

    Dr. Kisaakye said this in a joint ruling where a panel of seven justices agreed to stay the execution of the judgment of the Constitutional court which declared that the six Members of Parliament (MP) representing the newly created municipalities in parliament illegal.

    Kisaakye noted that it should be clear whether the applicant has to first receive a go ahead to apply for stay of the execution of the judgment from the lower court or run direct to the higher court without the permission of the lower court.

    The defendant in the said applicant, former Bufumbira East Member of Parliament Eddy Kwizera challenged the applicant’s application to stay of the execution without the permission of the lower court.

    In their ruling, justice  Kisaakye, justice Mike Chibita, justice Stella Arach Amoko, justice Opio Aweri, justice Lillian Tibatemwa, Justice Richard Buteera and justice Paul Mugamba directed that the affected legislators should stay in parliament until their matter is determined in the supreme court.

    The learned justices noted that it will be an injustice to the MPs if court ruled against the applicants to vacate their seats.

    They added that the appeal raised a matter of significant importance and it raised a serious constitutional and legal matter which must be interpreted by the higher court.

    The justices also directed the deputy registrar court of appeal which also doubles as the constitutional court to speed up on the production of the record of the constitutional court relayed on when MPs are declared illegal in parliament.

    The ruling excited the speaker of parliament Rebecca Kadaga and the entire house which has justice passed the judiciary administration bill 2018.

    The affected members of parliament are Patrick Ocan of the Apac municipality, Dr. Elioda Tumwesigye of the Sheema municipality, Tarsis Rwaburindore Bishanga of Ibanda municipality,  Hashim Sulaiman of Nebbi municipality, Abrahams Lokii of Kotido municipality, and Asuman Basalirwa of Bugiri municipality.

    Five justices of the constitutional court ruled that the affected members were in parliament illegally since they were not elected in the general elections or in a by-election.

    The constitutional court added that it was Illegal for the Electoral Commission to organize an election without a request from the Speaker of parliament who has powers to declare vacant seats in parliament.

    The court also noted that the Electoral Commission didn’t demarcated the boundaries of the controversial municipalities hence it was Illegal to organize an election in these places.

     

    By Sengooba Alirabaki

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    NEWS

    Tabliq Muslim Community Petition Gen. Saleh Over Mufti Mubajje’s Closure Of William Street Mosque …

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    William Street Mosque

    The Muslim Tabliq sect have petitioned President Yoweri Kaguta Museveni’s young brother Gen. Salim Saleh over Mufti Sheikh Shaban Ramathan Mubajje’s closure of William Street Mosque in Kampala.

    Led by sheikh Fahad Kalungi, the tabliq community accuses Sheikh Mubajje of using state organs like police and army to threaten them and stop them from accessing the mosque for over 3 years.

    Sheikh Kalungi confirmed to theGrapevine that they met Gen. Saleh who promised to intervene in their matter.

    Saleh also promised that the policemen who were deployed at the mosque will be removed.

    Sheikh Yunus Muhammad Kamoga, the leader of the Tabliq community in Uganda told theGrapevine that the mosque was closed when he was in prison battling terrorism and murder charges which were dismissed by the Court of Appeal.

    He said that when he was released, he tried to talk to Sheikh Mubajje to get an explanation from him on why the mosque was closed and how it could be opened.

    The mosque leadership now is currently under the leadership of Mufti Mubajje and sources allege that he is the one collecting money from shops renting on the mosque land.

    In 2016, President Museveni rescued William Street Mosque land title from city tycoon Drake Lubega who had bought it from Mubajje’s leadership by compensating him with a lot of money.

    The Tabliq community protested the transaction and denied tycoon Lubega possession of the mosque claiming that the transaction was illegally executed.

    Efforts to talk to Sheikh Mubajje were futile because he was not picking our phone calls.

     

    By Sengooba Alirabaki

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    NUP Regrets Submitting Candidate For Busongora South By-election; Dissatisfied With Results…

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    NRM's Thembo Gideon Mujungu the winner of Busongora South Constituency by-election

    National Unity Platform (NUP) has regretted submitting a candidate for the Busongora South Constituency by-election following allegations of high level of vote rigging in Kasese district.

    According to NUP General Secretary Lewis Rubongoya, everywhere they went, the people of Kasese told them that they had never seen what happened yesterday during the by-election.

    Busongora South by-election took place yesterday in Kasese and NRM’s Thembo Gideon Mujungu, was the winner with 12088 votes, Mulindwa David (Independent) garnered 2093 votes, National Unity Platform’s (NUP) Mbaju Jackson garnered 6866 votes, Forum for Democratic Change (FDC)’s Kighem Alozious garnered 5564 votes, Izagiira Doreen (Independent) garnered 32 votes and Democratic Party (DP)’s Businge Benadet garnered 84 votes.

    Following the release of the results, Rubongoya revealed that each of the ten sub-counties was under the command of a Resident District Commissioner (RDC) and District Police Chief (DPC).

    “The role of the RDC was to rig, and the role of the DPC was to arrest anyone who dared complain about the rigging,” he said.

    He added, “After the blatant thuggery in Soroti, we even wondered whether it made sense to participate in Kasese and other local government by-elections. However, we had already identified and declared candidates. It became difficult to convince them this is how their elections would go.”

    Rubongoya divulged that during the by-election, military took positions around polling stations and their role was not only to intimidate but to also directly participate in multiple voting and ballot stuffing.

    “We found out that the register had been tampered with, to include so many people who do not ordinarily vote from the area.”

    Rubongoya contended that the by-elections have been costly in terms of time, resources, but most importantly some of the lives they have lost and those who have sustained injuries.

    He propounded, “However, I am glad that all parts of the country have been able to clearly see the reality in our country during these by-elections.

    “It started in Buganda (Kayunga), then North (Omoro), then East (Soroti) and now the West (Kasese). Pallisa and Kisoro weren’t any better. When the people of Uganda resort to other means to reclaim their democratic rights, no one will be in doubt about the justification.”

     

    By Kalamira Hope

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    CRIME

    City Lawyer Ask Court To Halt Shs195m Criminal Trial Against Him Citing Malice…

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    City Lawyer Felix Nteza

    Celebrated City Lawyer Felix Kintu Nteza has asked Buganda Road Chief Magistrate’s Court to put on hold a Shs.195m criminal trial against him citing malice.

    In his application to stay the proceedings, Nteza claims that he was neither the seller nor did he receive any money from the complainant, in the 2013 land transaction, which resulted in fraud charges against him.

    He says he only signed as a witness.

    He asserts that after the sale transaction in 2013, disputes arose between the purchaser Interlink Educational Services Limited and the seller Eva Nannozi and her 12 siblings leading to filing of a case in the High Court, Land Division.

    Interlink Educational Services Limited decided to seek for a refund of Shs.195m and  the case is yet to be concluded.

    According to the application, eight years after the purchase transaction, the complainant demanded that Nteza pays back the said money and then pursue his clients for a refund.

    Nteza maintains that, “Whatever I did in regard to the transaction was done in my capacity as an advocate acting for a known and disclosed client. I therefore rejected demands that I refund the money.”

    He maintains the charges against him are meant to embarrass and exert pressure on him with a view of influencing the civil case already filed in regard to same matter which constitutes an abuse of the due process of the law because the facts therein are similar to those of an already pending case before the Land Division since 2014.

    Court documents show that Nteza of Kintu Nteza and Company Advocates is charged with obtaining money by false pretense from Interlink Education Services Limited.

    Nteza contends that the issue of liability and or refund of Shs195m for which he is charged of having obtained by false pretense from Interlink Educational Services is in advanced stages of hearing and final determination.

    If the criminal case before the magistrates’ court is halted, Nteza states that the case in the High Court shall conclusively determine the issue on who obtained the money and who should refund the Shs.195m .

    Through his lawyers, Nteza contends that the criminal charges are based on facts that are similar to a civil case filed in 2014 which is still pending final determination before the Land Division, for which he is a party.

    Court documents show that in August 2013, Interlink Educational Services Limited purchased land from family members at Gimbo in Wakiso District at Shs195m and Nteza was a witness.

    In a sworn statement, Mr. Nteza states that he signed as a witness in the sale agreement for the land and that he offered professional services to the sellers in his capacity as a lawyer.

    However, in a separate interview, Nteza said that the cases against him are backed by a land broker who is fighting him for representing people in land fraud cases.

     

    By Sengooba Alirabaki

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