The hearing of the case on electoral reforms continues today in the Supreme Court after it failed to kick off days ago due to the absence of Attorney General William Byaruhanga and his deputy Mwesigwa Rukutana as they were reported to be away on official duties.
The case was filed by Prof. Frederick Ssempebwa, Prof. Frederick Jjuuko and Kituo cha Katiba against the Attorney General of Uganda. The applicants want the Supreme Court to find the Attorney General guilty of contempt of court for failing to implement electoral reforms as directed by the Supreme Court.
In its judgment on the Amama Mbabazi 2016 presidential election petition, a panel of nine Supreme Court justices led by the Chief Justice Bart Katureebe directed the Attorney General to implement ten orders so as to improve electoral democracy in the country.
They included among others reviewing the time for holding fresh elections in case a presidential election is nullified, the use of technology and nature of evidence, unequal use of state-owned media, late enactment of relevant electoral legislation, and the involvement of public officers in political campaigns among others.
The justices hoped that the reforms would level the electoral ground by the 2021 general elections so as to avoid anomalies that characterized the previous polls. The justices directed the relevant organs of government to enact the reforms within two years from the judgment.
However, through their lawyers of Ladislaus Rwakafuuzi, Tusasirwe and Company Advocates and Kirunda Wasige Advocates, the applicants say the arms of government which include Parliament and the Executive have failed to enact the proposed reforms.
The justices hearing the casse are; Stella Arach, Eldard Mwanguhya, Faith Mwondha, Lillian Tibatemwa, Richard Buteera, Jotham Tumwesigye and Augustine Nshimye.
Early last month, the Minister for Justice and Constitutional Affairs, Maj Gen (Rtd) Kahinda Otafiire, said the government is yet to handle the long awaited constitutional review process, including tabling of the proposed electoral reforms, due to lack of funds.
While appearing before the Legal and Parliamentary Affairs Committee to present the Ministerial Policy Statement for Financial Year 2019/20, Otafiire said his ministry needs Shs13.5b to constitute the Constitution Review Commission and facilitate it to do the work.
He said then that the government plan was to deal with the electoral reforms during the constitutional review process because they all affect amendments in the Constitution.
