Mubajje accusers not interested in his position, court told
Mufti Shaban Ramadhan Mubajje. PHOTO/FILE
What you need to know:
- The group that sued UMSC and 40 others contend that Mubajje has been at the helm of the highest office in Islam in Uganda for 24 years since his election to office on December 11, 2000, thus exceeding the 10-year tenure that the UMSC constitution prescribed for anyone holding the office of Mufti.
The Uganda Muslim Supreme Council (UMSC) has defended mufti Sheikh Shaban Ramathan Mubajje that the people challenging his eligibility with his deputy have no interest in the two positions.
In an affidavit in support of UMSC, Mubajje, his deputy Sheikh Muhammad Ali Waiswa, national chairperson Dr Muhammadi Lubega Kisambira and three others, Mr Muhamad Ali Aluma the deputy secretary in-charge of finance and administration noted that the application is improperly before the court and is an abuse of the court process as the applicants had not exhausted all the available internal mechanisms provided by UMSC’s constitution.
“The matter before the court is purely a religious question which can only be resolved through the internal religious mechanisms and they have no substantial interest in the positions of the Mufti and the Deputy Mufti to warrant bringing this application,” Mr Aluma stated in his affidavit.
Adding…“The decision of Majlis AI-Ulama is not amenable to judicial review as they do not exercise quasi-judicial functions. The applicants have not demonstrated any procedural impropriety or any wrongdoing committed by the Majlis Al-Ulama in arriving at its decision.”
Some of the Muslim believers at the High Court civil division for the hearing of a case that was filed challenging a new tenure of office for Mufti Sheikh Shaban Ramadhan Mubajje. Photo/ Juliet Kigongo
Mr Aluma further states that after the Secretary General of UMSC became aware that the tenure of the Mufti and his deputy was to expire February 13, 2025, he was notified before members of the joint Session Organ were invited to convene and discuss the appointments of the mufti and his deputy.
“The Majlis Al-Ulama organ by consensus using its powers vested to it by the constitution of the 1st respondent did convene a special meeting to discuss the selection and election of the Mufti and the deputy and in a special meeting vetted and selected Mufti Mubajje and his deputy Waiswa,” Mr Aluma noted.
Court documents further indicate that Mufti Mubajje was reappointed under the old constitution of UMSC which was amended in 2022 to provide that the maximum age for the position of mufti is between 40 to 75 years.
It was further stated that there is no finding of any court of law where Mufti Mubajje was found guilty of mismanagement and misappropriation of Muslim properties and that the applicants shall be put to strict proof.
In the main case, four people including; Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya petitioned the court challenging the appointment of Mufti Mubajje to whom they accuse of being too old to hold the office, having exceeded the mandatory retirement age of 70 years, as stipulated in the Uganda Muslim Supreme Council Constitution.
The group that sued UMSC and 40 others contend that Mubajje has been at the helm of the highest office in Islam in Uganda for 24 years since his election to office on December 11, 2000, thus exceeding the 10-year tenure that the UMSC constitution prescribed for anyone holding the office of Mufti.
They further contend that several commissions of inquiry have found Mubajje guilty of mismanaging the Muslim properties hence his ineligibility for reconsideration.
According to the petitioners, transparency and accountability are critical for the efficient functioning of a modern institution and for fostering social well-being hence concluding that Muslims too have a right to elect a Mufti they deem fit and transparent, key characteristics that Mubajje lacks.
Justice Emmanuel Baguma adjourned the court proceedings to April 28 to allow the applicants to serve the other 34 accused persons.
