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East Africa Court of Justice Rules Next Month On Uganda’s Electoral Road Map

The East African Court of Justice sitting in Arusha has set 8th February 2019 to deliver its ruling on an application in which Ugandan lawyer, Hassan Male Mabirizi wants the court to halt all electoral activities in Uganda until disposal of his case challenging the Presidential Age Limit constitutional amendment.

In the judgment notice issued by the Registrar, both the Uganda Attorney General and Mabirizi were asked to be present in court or send a representative.

The panel of justices in this matter include Lady Justice Monica Mugenyi (Principal Judge), Dr. Faustin Ntezilyayo (Deputy Principal Judge), Audace Ngiye, Dr. Charles Nyawello and Charles Nyachae. They are from Uganda, Rwanda, Burundi, Kenya and South Sudan.

In the interim petition before court, Mabirizi seeks an injunction restraining Government and all its agencies from implementing any of the provisions resulting from the Constitutional Amendment Act of 2018

He also wants the same court to halt all the processes and preparations for the 2020/2021 general elections, which include gazetting and publishing of polling stations, updating national voters register, issuing nomination documents, conducting elections and declaration of electoral results.

Mabirizi filed this application on grounds that the Ugandan Electoral Commission launched the implementation plan of 2021 General elections and has started recruiting temporary employees in preparations of 2021 elections in line with the Act which is being challenged.

He claims that if his application is not granted, he will suffer irreparable damage.

The application however, was opposed by the Attorney General through Principal State Attorney George Kalemera, who said that there is no eminent danger that can be occasioned as contended since the constitutional Amendment Act is currently a law in Uganda and all activities are being done under the laws of the country

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“I know that the applicant has no mandate to represent all Ugandans and thus the alleged irreparable damage is entirely speculative,” he said.

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