Mbale residents welcome age limit petition hearing

Mbale- The decision by the Constitutional Court to hold the historic hearing of the consolidated constitutional petitions that are challenging the amendment of Article 102 (b), in Mbale District has sparked mixed reactions from residents and leaders in Bugisu Sub-region.

The hearing is set to start on Monday next week at Mbale High Court building. This will be the first time that the court sits outside Kampala.

Mr Akim Watenyere, a resident, welcomed the decision, but expressed fears regarding the safety of the petitioners.
“It is a good decision, but can the government guarantee that petitioners and their documents will be safe as they travel from Kampala and when they are finally in Mbale?” Mr Watenyere asked.

Panel of judges
A panel of five judges led by the Deputy Chief Justice, also the administrative head of the Court of Appeal/Constitutional Court, Alfonse Owiny-Dollo, is set to hear the petitions.

The other justices are Remmy Kasule, Elizabeth Musoke, Cheborion Barishaki and Kenneth Kakuru.

Another resident, Mr Matthew Matanda, says the decision will market Mbale and the eastern region, especially if the justices annul the decision of the 317 Members of Parliament who voted in favour of amending Article 102 (b).

Mr Matanda also says they will get a rare opportunity to attend the court proceedings as opposed to watching them on television.
“We have, on countless occasions seen those matters on TVs but now we will be in position to attend and listen to the judges and lawyers as they interface live,” he says.

Mr John Baptist Nambeshe, the MP for Manjiya County in Bududa District and vice chairperson of Bugisu Parliamentary Caucus, however, says the Judiciary had a hidden motive by transfering the hearing to Mbale.

“The motive of the Judiciary could be ulterior in nature but what is clear is an attempt to make it costly and frustrating to the petitioners since they would not easily access evidence and witnesses,” Mr Nambeshe says.

He says the court could also have been under influence from “above” to transfer the hearing from the surging Opposition in Kampala to the far eastern Uganda.

“May be they feared the Opposition in Kampala but again if it is so, they have not achieved their intention because people in Mbale are awake and vibrant and against the removal of age limit,” the MP says.

Mbale is dominantly an opposition area with the Municipality MP, Mr Jack Wamai, hailing from the Forum for Democratic Change party.

The residents overwhelmingly opposed the lifting of the age limit during the consultative meetings by their area representatives and voting against the Bill in Parliament.

Three out of four MPs from the area including, Mr Gershomu Sizomu Wambede (Bunghokho North, FDC), Ms Connie Galiwango (district Woman, NRM) and Mr Wamai did not support the removal of age limit.

Mr Wamai was unable to vote because at that time he was reportedly abroad on “official duties”.
The only MP who voted ‘yes’ was Mr Micheal Werikhe Kafabusa (Bunghokho South, NRM), who is also the State Minister for Trade.

The consultative meetings in the sub-region were also a theatre of drama as residents booed and heckled MPs, asking them not to support the removal of age limit, although some of them acted to the contrary.

Out of 18 legislators from the region, only four voted against the lifting of age limit.

According to the survey that was conducted before the age limit voting titled; Citizen’s Perceptions on the Proposed Amendment of Article 102(b) of the Constitution, it indicated that 85 per cent of Ugandans were found to have not supported the lifting of the cap on the presidential age.

The report was commissioned by civil society organisations, Citizens Coalition on Electoral Democracy and Uganda Governance Monitoring Platform. The findings, however, were refuted by a section of government officials.

The FDC secretary general, Mr Nathan Nandala Mafabi, says Opposition is determined to win the consolidated constitutional petitions under all circumstances.
“Even if court changes goal posts, we will score,” Mr Mafabi says.

The LC5 chairperson of Mbale, Mr Bernard Mujasi, welcomed the idea but said the notion of the area being defined as Opposition will not alter anything.

“Court matters have nothing to do with political realm. Whether the area is opposition dominated or NRM, the facts won’t change and neither will the court position. So this doesn’t really matter,” Mr Mujasi says.

He refuted allegations that there will be enhanced security patrols and deployment.

“There will be no need for enhanced security I can assure you on that. This is a purely a normal matter that will not attract any security deployment,” Mr Mujasi says.

Ms Galiwango says the district will benefit from business.
“It will have some economic benefits although very minimal because interested people will travel to hear the proceeding,” she says.

About the readiness of the Mbale High Court to hear the case, a judicial officer at the court, who preferred a condition of anonymity, said they are prepared to host the hearing.

“We have been informed and everything is ready unless if you have your own issues you are looking for from us,” the source said.
The Judiciary’s senior communication officer, Mr Solomon Muyita, said the court has capacity to handle the hearing.

“The court has the capacity and it has enough chambers. The infrastructure is there to accommodate all the staff,” he said.

The Elgon police spokesperson, Mr Suwed Manshur, said security will be provided to ensure smooth running of the proceedings.

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