Mubajje leaves muslims guessing as pressure mounts to retire

The embattled Mufti of Uganda, Sheikh Shaban Mubajje, was still holding office by Thursday morning, despite expectations that he would step down after the expiry of his tenure.

Sheikh Mubajje, who has led the Uganda Muslim Supreme Council (UMSC) for 24 years, was expected to vacate the office by midnight on Wednesday after reaching the mandatory retirement age of 70, as stipulated by the UMSC 2022 constitution.

According to the UMSC constitution, when the office of Mufti becomes vacant, the 24-member Majlis Al-Ulama (College of Eminent Sheikhs) is responsible for vetting and selecting a new Mufti through a consensus process. The selected candidate is then approved by the Joint Session (Executive and Majlis Al-Ulama) before being presented to the General Assembly "for noting."

However, by Monday, the Majlis Al-Ulama had not initiated this process, prompting several Muslim clerics to drag Mubajje to court. They sought a declaration stating that he is ineligible for re-election after exceeding the 70-year age limit.

In a judicial review application filed at the Civil Division of the High Court in Kampala, Swaibu Nsimbe, Twayihu Byansi, Musa Kalokora, and Musa Kasakya argued that, having served for over 24 years — far beyond the 10-year limit provided under the amended UMSC constitution — Sheikh Mubajje should not be eligible for another term. The plaintiffs requested that the court issue an order prohibiting Mubajje from continuing as Mufti.

Sheikh Mubajje was sued alongside the UMSC and the 43 members of the UMSC management, the joint session, and Majlis Al-Ulama, who are tasked with vetting and electing a new Mufti. On Wednesday, Justice Emmanuel Baguma of the Kampala High Court issued the order, but the court bailiff assigned to serve Mubajje was reportedly roughed up at the UMSC main gate.

Access to the UMSC headquarters was restricted on Wednesday, with only a few workers allowed inside. A closed-door meeting took place in the conference hall involving members of the management committee, Majlis Al-Ulama, and some district Khadis aligned with Mubajje.

Abdullatif Kayanja, spokesperson for the anti-Mubajje group at UMSC, described the court order as timely, claiming it effectively halted Mubajje's tenure. "Sheikh Mubajje had turned the Council into a personal project, disregarding the UMSC constitution and different UMSC organs. We are happy that the court has granted our prayer to prevent him from extending his term, which is a big victory for the Ummah," Kayanja said.

However, UMSC spokesperson Ashraf Zziwa offered a different interpretation of the court proceedings, stating that since UMSC lawyers had received the court documents late, Justice Baguma declined to grant interim orders to the applicants. "In the interest of justice and fairness, our lawyers requested an adjournment to allow UMSC time to respond. The trial judge agreed and adjourned the case to March 19, 2025, marking an initial procedural victory for our legal team," Zziwa said.

Sources at Old Kampala have suggested that there are plans to swear in Sheikh Mubajje today, potentially extending his term by another five years. However, such a move is likely to provoke more legal challenges from critics who have opposed Mubajje’s leadership for over two decades. Kayanja warned that any attempt to endorse Mubajje for another term would be considered contempt of court.

What the UMSC constitution says

Article 29(12) of the 2022 UMSC constitution, as amended, states: “For avoidance of doubt, this amended constitution shall not automatically extend the period of tenure of any official employed or elected prior to the 13th day of July 2022.”

Sheikh Mubajje, who assumed office on December 11, 2000, has had an acrimonious tenure, with accusations of mismanaging Muslim assets and running down the UMSC. In 2006, a commission of inquiry into the mismanagement of Muslim properties, led by Prof. Muhammad Mpezamihigo, found Mubajje unfit to continue overseeing the Islamic faith in Uganda. However, Mubajje disregarded the findings and has remained in office until now.

It remains to be seen whether Sheikh Mubajje will honor the UMSC constitution and retire, or if he will remain in power, as he has done in the past.

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