Prime
We never fixed victory for Museveni, says Kiggundu
Former Electoral Commission chairperson Badru Kiggundu at his offices in Kampala last week. Photo/Abubaker Lubowa
What you need to know:
- Dr Badru Kiggundu, an engineer, headed the Electoral Commission (EC) for 14 years from 2002 to 2016, enabling him to superintend three general/presidential polls and one referendum. He tells Daily Monitor’s Sylivia Katushabe his most difficult times in the job, why the electoral body cannot be fully independent, struggles with politicians and why claims that his team fixed victories for President Museveni are false.
Were you prepared for the pressure that comes with chairing the Electoral Commission?
I’m always prepared for any assignment in my heart and I don’t prescribe assignments. They could be academic assignments, it could be international organisations. However, [if] I think I can make a contribution to a particular topic, I will come.
Then once I accept I start drawing plans, I consult because I find areas which I have no expertise [in] and I out those with expertise and I talk to them to gain knowledge.
I’m 24-hours prepared.
Although it (chairing EC) was a bigger and new [field of] assignment; I was not a teacher of political science or law, but I managed.
With your 14 years’ experience at the helm EC, what reforms do you think are needed to change electioneering process in Uganda?
I don’t think I can prescribe that. It is a progressive undertaking. After so many years, there are many thoughts which come up as far as laws are concerned. So, it is not a final description that one can give and say these are the laws. I leave that to Parliament.
What are some of the loopholes in the Commission that you think should be closed before the next elections?
I think that question should be asked to the current leadership. I did not follow up with the amendments which were made before the last general election. [These included the EC members being appointed by another authority other than the President, early preparation of credible and auditable voters’ register and capping election financing - Editor].
When you are outside [the Commission] it’s not as somebody who is inside who will be able to pinpoint. It is not fair for me to sit down and say ‘these are the loopholes’.
The current EC leadership has unveiled plans for Ugandans in the Diaspora to vote at the next elections. Do you think this is feasible?
That is possible, there is nothing impossible. Many countries, even smaller ones, have operationalised that kind of undertaking.
All we need is to get started, once we start then we can think of what the missing gaps are. It is very difficult to have everything included in the first go.
So, let them get started [and] then monitor how things will go. This will help them to keep improving.
In which of the three elections you oversaw did you feel the most heat?
The first one (of 2006) because I was new in the industry. Before it we had to go through preparing for a referendum [in 2005 which resulted in the restoration of multiparty political dispensation from the “‘no party’ Movement system” – Editor], which was also like a general election. These were all new areas for me.
This is because there were so many lessons which were unknown [to me and my team]. That is why we had to put our heads together to consult technical people who were in the [Hajj Aziz Kasujja-led] Electoral Commission to learn from them since some had already gone through the previous cycle of elections.
It came with a lot of reading because the laws are not the ordinary statutes. There are specific laws for every election. I had to get capacitated by reading, studying and consulting for interpretation. It was heavy duty, but it was done.
In almost all the elections you presided over, there were always claims of vote rigging.
The claims and the proof is presented by the claimants. I was not seeing what they were claiming.
But, of course, when you are at the centre [of election management], you have got to rely on information which is gathered by your election officials who are trained - those presiding over who were recruited, trained, taken through the dos and don’ts. So, for me to accept that there was rigging, he who claims must show the proof.
How did you handle pressure from both the government and Opposition?
I was looking at either side. Yes, there were adversaries; those pro-government and opposition, but that is part of society. So, there was no one who would get me to a killing point where I would say my heart is bursting. No.
I talked to many [stakeholders] whenever they felt they were not well served. My office was open 24 hours during the election time and if one felt ill-served, they would come [to me], present their issues and I would call my Board members to sit, listen and make a decision as long as it was timely.
I was not overly taken by the Opposition because even those pro-government would also try to put pressure. I have shocks in my body. I can take all kinds of pressure.
Did you ever receive calls from government officials or Opposition intimidating you?
I did not get direct intimidations, people used to make statements out there and picked by you the media and then I would read them.
They would say, ‘let us see him (Kiggundu) walk on the streets of Kampala’. I remember there was one person in the Opposition whose name I will not mention, he said ‘if Dr Kiggundu knows he is brave enough let him walk down Nakasero Road [in Central Kampala]’.
I asked myself what was strange and unique about Nakasero Road. I would go there at times which were not planned [and not known] to the public just to see and nothing happened to me. Yes, I would be scoffed at by members of the public, but that was not worrisome.
If you are a servant of the population you have to be prepared for the good, bad and ugly side of the reactions.
I would have people say 'I lost an election because of Kiggundu.' I sympathise with anybody who claimed they lost elections because of me.
What did they want me to do for them, did they want me to put votes in the ballot boxes? I always came out clearly that if the aspirant does not do enough work, or the message you put across is less meaningful, don’t blame it on me because I’m not the one to look vote for you.
And I used to make it clear [and] without being shy about it, but they still went ahead to say it.
Any threat or intimidations you got from the government?
Of course, not everyone in the government who wanted to win won an election; so, even some of them would claim the same [that they lost election because of Kiggundu-led EC].
But as I said it was not my role to come up with the message to convince the people to vote for them. It was an individual himself or herself who must [have] craft[ed] the message which has got ingredients to convince people to follow them. If they [didn’t] follow you, don’t blame Kiggundu.
Did the booing you always got from the public worry you?
I’m a strong believer [Muslim faithful] and I would say these are creatures of the same Creator (Allah); so, we react differently to situations put before us and yet we are sons and daughters of the same Allah. So, I remained unperturbed.
The public believed that you would alter results in favour of President Museveni.
I used to hear them, but if I had an option to vote I had one option and that was mine. So, out of that how could I get extra votes to fix for anyone because I like them? No.
I would love to see someone (a candidate) sweat because you are the one who is desiring to stand out and enjoy the pleasure that comes with that position.
In your 14 years as EC chairperson, did you ever receive a call from State House directing you on what to do or change election results?
No, my position was always clear: I respect the law; so, I would read. I am an engineer, but I would read the law, learn how to interpret and then go out and carry out an election.
But there was no time whatsoever for the fourteen years I was there [that I] ever received that kind of innuendo.
When someone loses they will think of all things, but the law is the same for everyone.
After the 2016 general elections, veteran politician and then Forum for Democratic Change party flag bearer, Dr Kizza Besigye, swore himself in as President of Uganda claiming he won with 52 percent. But you’d declared incumbent Museveni the duly-elected President. Who won then and did the mismatch put your credibility to test?
There are so many ways to win an election, one of them is do you have agents to supervise [and protect] your votes. If somebody did not have 50 percent of the agents across the country, how do you claim that I have won an election?
A [candidate’s] agents were not covering 50 percent of the country, let alone in Kampala [where] there weren’t enough agents.
I remember that very vividly. Sometimes I would go around, people would not notice me in my car and I would go to particular polling stations and ask if candidates had agents there.
Some would not have agents while others would have. But that was a strong ingredient to win an election.
Issues of vote rigging kept recurring in almost all the elections you presided over. Why?
These were not brought to my notice. For instance, [during voting], I walked around a couple of constituencies, sometimes in rural areas.
I would find a group of voters behind bushes and wonder what they were waiting for and I would not have enough time to stay there to know what they were waiting for.
One has to know the dynamics of an election, it is not an easy road.
I travelled to so many countries during elections, you will see what is being claimed here is also claimed in other countries.
A country as big and as old in democracy as the United States is], when you see what happened in 2000 [final results ended in dispute and recount of votes in Florida although Democrat Al Gore, who had won the popular vote, finally conceded to Republic candidate George W. Bush, who won the electoral vote – Editor], you would wonder whether we should bear the noise in Uganda or not. The purity of democracy is in question. [Uganda’s Supreme Court in its decision on the petition over results of the 2006 presidential election that Dr Kiggundu’s team superintended found evidence of vote rigging and other electoral irregularities, but the judges concluded that these did not affect the final outcome in a “substantial manner”, the legal threshold for annulment – Editor].
Is there any time you regretted taking over that position?
No. In my professional life, I have been challenged in so many areas where new concepts are brought on board.
There is nothing you can assign me [in line of] duty and you think I will say ‘no, that I will not attend to that’, because you [would] have tested my inner capacity to discover.
So, these are human-interfacing assignments.
How would you convince anyone that the EC under you, or afterwards, was/is independent?
As far as the Electoral Commission here (in Uganda) was concerned, such questions used to come up; that we are not independent and I used to laugh at those who said we were not independent.
You must understand the whole question of the industry of the Electoral Commission before you can make that judgement.
I would ask questions: who makes laws that we operationalise us as a Commission? It’s Parliament. Who provides the financial resources that enable the Commission to run? It’s the government.
As an Electoral Commission, we do not manufacture money, we don’t come up with laws, but we take those laws and operationalise them.
There is no way you can say an institution can be 100 percent independent. Independent from what? So, we have to develop and understand what this independence is.
Article 62 of the Constitution is strictly for the Electoral Commission, the officials must be independent and cannot be directed. Yes we were never directed at any single time. [The Article on independence of EC provides that the institution shall be independent and shall, in the performance of its functions, shall not be subject to the direction or control of any person or authority – Editor].
There are demands to amend the election laws to, for instance, have a judicial, or other independent, body appoint the EC Commissioners. What do you say to the proposal?
In every country the Cabinet is appointed by the President [or executive head – Editor], leaders of state organisations are appointed [in a similar fashion]. Why would it be wrong in Uganda for the President to appoint the Electoral Commission officials?
But those who wish it to happen [another way], they can do it by changing the law.
Let them go to Parliament, take proposals to be debated and once they pass the law, that will be the game changer.
What are the major challenges you faced while heading Electoral Commission?
Inadequate resources. New districts are created, we needed to raise funds, appoint staff to run the affairs of those new area, and we didn’t have enough staff. Eventually you end up assigning the assistant in the mother district to be registrar in new district.
We had to go through the registration process [afresh] now that electoral area boundaries were changing.
We’d to do mapping and sometimes time was not enough for the preparations. Yet, the changes were necessary ingredients because we could not place Kiggundu who was a voter, for example, in Mutundwe polling station when the polling station splintered into Muntundwe1 and 2. We’d have to move him to where he was located to vote.
The number of voters also increased and one needed more human resources during election. Most times new administrative units were created when we didn’t have money and we had to operate within the budget that we had at that time.
It was not easy, but we had no control of stopping the politicians’ desire to establish their new areas. They were the ones who put pressure because they wanted to get a politician to stand and represent and when areas were divided, each became an area for a new Member of Parliament and or District Woman Member of Parliament. [In other words], where there was one MP, now they become two.
What is your advice on creation of new areas and districts?
If they want to create them, let them create them early, like two years before [the next election] to enable the Electoral Commission to come out with budget allocations. Otherwise, you end up [resource] constrained.
What advice do you offer the current Justice Simon Byabakama-led Commission?
The first one which I told the person who succeeded me was to make sure he has a firm position of respect for the laws. They are prime.
It is with the law that you will get sued if you don’t interpret them well.
Make sure you plan in advance, ensure you have road maps. They are very key to logic thinking and looking ahead. Then budget early in terms of requiring resources and make sure laws are also passed on time. I wish them well.
What is your last message for Ugandans?
First of all, democracy is still growing. We claim we have matured, but it is growing because there are changes which come along the way that require you to embrace technology.
So, accept the outcome of the elections. In other word, you play your role as a standing candidate and let the Commission play its role.
Do whatever it takes, if you are required to have 100 agents, make sure your agents are there and well trained and respect polling stations in your area.
What he said
On Electoral Commission independence
“There is no way you can say an institution can be 100 percent independent. Independent from what? So, we have to develop and understand what this independence is.”
Whether State House called to fix results
“No, my position was always clear: I respect the law … there was no time whatsoever for the fourteen years I was there [that I] ever received that kind of innuendo.”
When he felt the most heat as EC boss
“The first [general election my team organised] in 2006 … and before it, the 2005 referendum [on return of multi-party dispensation]. These were all new areas for me …”
On claims polls he organised were rigged
“The proof is presented by the claimants. I was not seeing what they were claiming … So, for me to accept that there was rigging, he who claimed must [have] show[n] proof.”
Whether was intimidated in line of duty
“I did not get direct intimidations. People used to make statements out there and I would read them [in the media]. They would say, ‘let us see him walk on the streets of Kampala’.”
Advice to successors to run clean ballot
“… respect the laws. They are prime … plan in advance … have road maps … budget early in terms of requiring resources and make sure [election] laws are also passed on time.”
Counsel to MPs on new administrative units
“If Parliament wants to create them, let them create them early, like two years before [the next election] to enable the Electoral Commission to come out with budget allocations.”
