Drama, tension as court freezes UMSC activities

There was drama at the offices of the Uganda Muslim Supreme Council (UMSC) in Old Kampala yesterday as a group of Muslim faithful attempted to block bailiffs from serving them with a court order.

The bailiffs were implementing a directive by the Mengo Chief Magistrate’s Court in Kampala, which on Tuesday temporarily stopped the Mufti of Uganda, Sheikh Shaban Ramadhan Mubajje, from carrying out any activities on behalf of UMSC.

The interim order that was issued by the Chief Magistrate, Mr Patrick Talisuna Ngereza, will be in place until the determination of the main suit pending before the same court.

“An interim order of injunction is hereby issued against the respondents (Mufti Mubaje and group), their agents, employees, officials, assignees and all persons acting on their instructions restraining them from carrying out or conducting any function or activities on behalf of the Uganda Muslim Supreme Council or do any other activity incidental thereof, until the final determination of the main application or until further orders of this honourable court,” read in part the interim order.

But the court bailiffs who had yesterday gone to serve the officials at UMSC offices found resistance, prompting police to intervene.

Speaking to respondents after the fracas, delegates led by Mr Issa Gule, the Muslim representative from eastern region, claimed that the court order was timely to put brakes onto their leader, Mufti Mubajje.

He further claimed that in the total disregard of the Muslim constitution and different organs of the UMSC, Mufti Mubajje has turned the Council into what he referred to as a personal project.

“According to the issues affecting the Muslim community, we demand that the general assembly is immediately called by the secretary general before January 27 to solve the matters,” Mr Gule said.

“In the event that the Secretary General refuses to convene a meeting, as members, we shall collect signatures to call the same,” he added.

But Mr Ashiraf Muvawala, the UMSC spokesperson, said they had not received any document from court, halting their religious activities.

Mr Muvawala wondered how the said court order would be implemented since the Constitution of Uganda permits freedom of worship.

“The functions halted include; holding prayers, praying for the dead, administering marriage ceremonies, this is a religious institution and there is no court that can stop Muslims from performing their religious obligations,” he said.

Background to the case

The application that arose out of the court order was filed by businessman Hassan Basajjabalaba, Mr Umaru Sewante and Mr Sulaina Kigongo.

The Mufti is jointly sued with the UMSC that he heads.

According to the court documents seen by this newspaper, Mr Basajjabalaba and his colleagues decided to petition court because of the actions of Mufti Mubajje through the UMSC to disqualify him as a candidate for the elections of the chairperson of the general assembly.

Early last month, the Muslim faithful, who had congregated for a special session of new UMSC leaders, were treated to an unusual dramatic exchange between Mufti Mubajje and Mr Basajjabalaba. This was after the Mufti attempted to disqualify the businessman, his longtime friend now turned foe, from vying for the position of council chairperson.

Mufti Mubajje who, by virtual of his position is mandated to chair the first session while electing the chair and his deputy, reasoned that Mr Basajjabalaba was ineligible to stand for the position  having been impeached from the same office in 2010.

Citing the amended 2022 UMSC Constitution, Sheikh Mubajje said Article 4 (2) stipulates, among others, that a candidate has to be nonpartisan or/and not holding any political office, never convicted of any criminal offence under the laws of Uganda or has never been impeached by UMSC at any time.

But Mr Basajjabalaba denied being impeached, arguing that the process wasn’t conclusive and that is why there were no certified minutes to prove so.

However, Mufti Mubajje disclosed how subsequent deliberations were carried out since he chaired the proceedings that led to Mr Basajjabalaba’s impeachment before insisting that the businessman was ineligible to contest.

Upon kicking the businessman from the race, the exercise continued and delegates elected Prof Muhammadi Lubega Kisambira as the new chairperson, replacing Luweero bush war veteran and former minister, Hajj Abdul Nadduli.

It’s against this background that Mr Basajjabalaba ran to court,  claiming he was unfairly been ejected from the race by the Mufti.

The duo, Mufti Mubajje and Mr Basajjabalaba, were once good friends but their friendship developed cracks in 2010 when the latter, who was the then USMC chairperson, convened an assembly and impeached the former, accusing him of running down the Council.

A few days later, Mufti Mubajje also suspended the businessman on accusations of grabbing UMSC land in Bushenyi District where Kampala International University Teaching Hospital was built.

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