Muslim top organ changes  constitution amid protest

The Uganda Muslim Supreme Council (UMSC) General Assembly on Wednesday night ratified the new constitution which gives Mufti Shaban Mubajje a new lease of life concluding seeking reelection.
Under the old UMSC constitution, Sheikh Mubajje, who has been in office since December 2000, is supposed to relinquish office when he clocks 70 years, but delegates unanimously agreed to put the upper age cap at 75.
This means that 67-year-old top Muslim leader, if reelected, will be eligible to retain his seat when the current term expires in 2025.

However, delegates rejected a clause in the new constitution that suggests that a candidate for Mufti must be aged between 55 and 80 years.
In  the new  constitution, the framers had proposed  that the Mufti should serve one term of 10 years, but delegates  backed  Mubajje’s proposal to allow the mufti to serve one renewable  term of  10 years –implying  the office bearer can enjoy 10 more years if he serves well.

The qualification for vying for the office of Mufti was also raised to a Master’s Degree in both Sharia and secular education. With this amendment, it means Mubajje will have to return to class in the coming three years to attain the required qualification since he currently holds a Masters in Islamic Studies, not Sharia and Bachelor’s Degree in Sharia.
Delegates endorsed  a proposal to have the Mufti elected by only 22 members of Majlis Al-Ulama( College of learned sheikhs), as opposed to the General Assembly picking him, as provided in the current Constitution. Critics say in inserting this clause in the constitution, Mubajje wants to bypass the 230-member General Assembly which has for long been giving him ‘headache’.

Key organs
However, delegates shot down a proposal by Luweero District Khadi, Sheikh Ramathan Mulindwa, to insert a clause in the new constitution allowing the mufti to chair key organs of UMSC such as the executive, Joint Session and General Assembly.
Under the old constitution, the mufti only chairs the management committee, but can occasionally chair the General Assembly while electing the chairperson and deputy chairperson. He also chairs the Joint Session only when discussing matters affecting the chairperson.

“The chairperson of the Assembly shall be the chairperson of the Joint Session except when the meeting is for impeachment of the chairperson in which case the Mufti shall preside over such a meeting. The Joint Session shall, as provided in this constitution, sit for the impeachment of the Mufti,” the new constitution reads in part
 The new amendments also legitimises the two deputies (Sheik Abdul Ssemamba and Sheikh Ali Waiswa) already appointed by Mufti Mubajje from one mentioned in the current 1986 constitution.

“The office of the Mufti shall at any time be rotational on the regional basis. For the purpose of this provision the regions are; Eastern, Northern, Western and Central Uganda,”  the 97–page   draft constitution reads in part
 Although amendments to the UMSC constitution are supposed to be initiated by the General Assembly, appointing an independent committee, according to Article 23 of the UMSC constitution, this time round the work was done by a 21-member team led by Prof Edris Kasenene, the former UMSC secretary. It is on this basis that three Muslims petitioned the High Court in Kampala on Monday challenging the entire constitutional review process. 

Available records at UMSC indicate that Prof Kasenene’s committee had drawn a budget of Shs816.4m, but Shs250m was provided for the exercise.
Speaking during the Assembly, sources quoted Mufti Mubajje saying “the amendments are urgently needed because they will cure the perennial conflicts within the Muslim Community”.
The Assembly also elected Omar Muhammad Waswa to head the UMSC electoral commission which will soon release a roadmap for UMSC General Elections expected to be conducted before end of the year.

During the government sponsored commission of inquiry to resolve ending Muslim power struggles that have dogged the community for decades, Prof Tarsis Kabwegyere had recommended that the current parallel Muslim administrations-Old Kampala and Kibuli be dissolved to allow Muslims elect a new unifying mufti using a new constitution which was drafted by the committee. 
Since the current UMSC constitution gives exclusive powers to the mufti to perform both spiritual and managerial roles, Prof Kabwegyere committee had suggested that the mufti only concentrates on spiritual work.

WHAT THEY SAID....
Yahaya Yakub, Bundibugyo
“This was the worst assembly I have ever attended. The way Hajj Abdul Nadduli moderated the meeting was below the minimum standard. He failed to assert his authority and some delegates were making unnecessary interruptions without him bringing them to order. The meeting started without endorsing the agenda.”

Sheikh Muhammad Irumba, a member of UMSC general assembly and former regional Khadi Bunyoro/Tooro Muslim region
“The Kasenene-led   committee had no mandate  to suggest amendments, the constitution stipulates clearly how it can be changed, but all of that was ignored. That is why I dragged them to court, lets watch the space.”

Dr Muhammad Kiggundu Director of communications and research at Kibuli Muslim faction 
“The office of the Supreme Mufti   Muhammad Galabuzi is not part of those filthy [constitutional] games and we shall continue to serve the Ummah with respect and due diligence to develop Islam… the truth will always prevail.’’

Mubajje’s tenure

Mufti Mubajje, a former district Khadi for Mbale assumed office on December 3, 2000 and his tenure has been characterised by leadership wrangles which led to the resignation of several officials.   
He has severally dismissed the rival Muslims as an illegitimate and unconstitutional group that lacks moral standing. He insists his opponents based at Kibuli Hill are opportunists who are using the sale of Muslim property as an excuse to bring him down.      

Efforts have been made in the past by President Museveni, Muslim MPs to mediate warring factions, but could not resolve the standoff.  
 Mufti Mubajje has on several occasions said that he wanted to serve as Mufti for a short time after ushering in a new constitution, but continuous court and internal UMSC wrangles have forced him to stay longer in office.

Qualifications of Mufti in new Constitution:
1. A Ugandan Sunni male Muslim
2. At least 40 years of age and not exceeding 75 years old
3. At least a holder of a Master’s Degree in Sharia and secular education or their equivalents.
4. Fluent in both Arabic and English
5.  Following the footsteps of Prophet Muhammad
6. Respectable, properly married and a good practicing Muslim
7. With a clean track record free from offences under the National and Islamic laws
8. 10 years of working experience in a Muslim leadership position
9. Serves a 10-year renewable term