Mubajje team defies interim court order

Mufti Shaban Mubajje (second left) receives a document containing proposed amendments to the UMSC constitution on August 21, 2021. PHOTO | FILE

What you need to know:

  • On January 10, the chief magistrate of Mengo Court, Mr Patrick Ngereza Talisuna, issued an interim order directing Mufti Shaban Mubajje and UMSC to stop all activities they are conducting in the name of the council until January 27.

The office of the Uganda Muslim Supreme Council (UMSC) has continued to operate normally in total disregard of a court order that stopped its activities.

On January 10, the chief magistrate of Mengo Court, Mr Patrick Ngereza Talisuna, issued an interim order directing Mufti Shaban Mubajje and UMSC to stop all activities they are conducting in the name of the council until January 27.

“An interim order of injunction is hereby issued against the respondent, their agent, employees, officials, assignees, and all persons acting on their instructions restraining them from carrying out any or conducting any function on behalf of UMSC or any other activity incidental there until a final determination of the main application or until further orders of this honorable court,’’ the court order read.

However, UMSC issued a statement castigating the magistrate, saying he has no powers to halt the activities of a religious institution because the Constitution of Uganda provides freedom of worship to all Ugandans.

The council also went ahead to organise Friday prayers (Jumah prayers), which was one of the activities halted.

In a statement issued by UMSC signed on January 13 by its secretary general, Ramathan Mugalu, the body stated that on January 12, UMSC received a document, including a court order apparently obtained by Mr Hassan Basajjabalaba and three others against UMSC and His eminence, the Mufti Mubajje.

In the letter, Mr Mugalu stated that “all their offices are functional. We want to assure Muslims that all our offices right from the headquarters to the grassroots are open and our lawyers are handling the matter”.

Mr Mugalu said the newly-amended UMSC constitution provides for the Mufti of Uganda to chair and preside over the elections of the national chairman and his deputy, which he did according to the law.

“Mr Basajjabalaba was not eligible for elections since he had been successfully impeached in 2010 from the same office he was vying for and the duly-signed impeachment document had been availed to the General Assembly during elections,” the statement further reads.

He said no violation of any order was done to warrant the contempt of court.

“The election of the national chairman and his deputy were free and fair and conducted by a duly-mandated organ, and the General Assembly under the chairmanship of the Mufti as provided by the constitution,” the statement added.

During the Friday Jumah prayers, Sheikh Obed Kamulegeya, the former Chief Kadhi of Uganda, questioned the orders issued by the Mengo court.

“I was very shocked when I heard that UMSC is closed and when you claim the closure, it means you have shut down Islam in Uganda,” he said.

Sheikh Kamulegeya added that there are people who are against Islam, but Muslims will not hesitate to push for their agendas.

“We do not refuse people seeking court redress, but they need to act responsibly and I do not think the person who issued the order read the constitution of the UMSC,” he said, adding that the magistrate needs to apologise.

On Thursday last week, a group of UMSC General Assembly members stormed Old Kampala Mosque where the offices are located to enforce the order, but they were stopped by security officers. Only a few were allowed to access the premises. The group accused Mufti Mubajje of violating the UMSC constitution on several occasions.

About UMSC

Uganda Muslim Supreme Council (UMSC) is the mother organisation and governing body of all Muslims in Uganda with 12.1 percent of the        

Ugandan Population. The body unifies about 9 million Muslims in Uganda, according to Inter-Religious Council of Uganda.