Court

Court Sets Date for Political Party Regulations Case Hearing

High Court Civil Division at Kampala has set August 17, 2020, as the date at which it will commence with the hearing of the case in which Dr. Diini Emmanuel Kisembo, the aspiring Buyaga East  Member of Parliament on NRM ticket,  challenges the legality of the new political parties regulations.

According to a hearing notice issued by the Deputy Registrar of High court, the case will be heard at 2 o’clock

In this matter where the Attorney General was served on behalf of Government, Kisembo alleges that the regulations were issued in bad faith, in violation of the constitutional and Democratic process for free and fair elections.

He thus seeks court to declare the regulations as irregular and unconstitutional for contravening various sections of constitution.

“A declaration that the laws under which the regulations were made to wit section 10 and 27 (I) Act 2005 are only exercisable subject to section 19 of political party and organizations Act.”

Kisembo says that the regulations were made by the Minster without consulting with recognized political parties which is contrary to section 19 of the political parties and Organizations Act.

Diini also argues that the regulations set out in the report don’t promote Democratic Governance of Uganda which is reflected in Democratic process of public campaigns in free and fair elections.

“A permanent injunction restraining the Minister of Justice and Constitutional Affairs from either passing or confirming the report and recommendations as a guideline in passing regulation of political parties and organizations regulations 2020 for the coming electoral process,” reads Diini’s statement in part.

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He went further and said that it was wrong to issue guidelines for regulating political party activities without consulting the Electoral Commission, the body in charge of the electoral process and party activities in the country.

In July, Parliament approved the proposed political party regulations giving an opportunity to parties to waive the requirement of having a delegates conference held with an aim of determining their official candidates on various elective posts.

This followed a report which was presented by Oboth Jacobs the chairperson of the Legal and Parliamentary Affairs Committee.

These regulations were brought before Parliament by Hon Ephraim Kamuntu the Minster for justice and Constitutional Affairs to guide internal party elections during this COVID-19 era when gatherings have to be regulated.

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