The Deputy Chief Justice Steven Kavuma has set Thursday as the day he will give his ruling in the matter in which a one Benjamin Alipanga is seeking a temporary injunction halting the ascending to power by the newly appointed NRM Secretary General, search http://clothesthatwork.org/wp-content/plugins/the-events-calendar/common/src/deprecated/tribe__admin__notice__archive_slug_conflict.php treasurer and their deputies until his main application is disposed of by court.
On Wednesday, visit this Alipanga’s lawyers led by John Mary Mugisha, Friday Kagoro, Fred Muwema, Michael Akampurira and Severino Twinobusingye asked court to block the new NRM leadership from assuming their duties until the determination of the main application which seeks court to permanently reverse all the party’s constitutional amendments of the December 15 Delegates conference.
The lawyers further told court that there is need for a temporary injunction stopping the implementation of the NRM Parliamentary caucus resolution that urged the current party chairman to contest as a sole candidate for the ruling party during the forthcoming 2016 general elections as well as restraining popularizing of the sole candidature.
“Going ahead with the said amendments infringes on the constitution thereby depriving the applicant the right to be heard by the court in the main application. Article 71 of the Political Organizations Act emphasizes observing internal democracy within which was not the case while amending the party constitution,” explained Mugisha.
“There was no promotion of competition when they ring-fenced the position of president and resolved to implement the sole candidature in the 2016 general elections. They only aimed at closing out Amama Mbabazi in doing this.”
Mugisha further noted that the evidence of banners, posters and other adverts intended to popularize the Kyankwanzi sole candidature are in contravention of the constitution adding that appointing the Secretary General, Treasurer and their deputies instead of being elected is a contravention of Article 71 of the Political Organizations Act which he added would breed impunity and anarchy.
“We are not dealing with implementation of the NRM Constitution but rather matters of national importance as it relates to governance of the country,” Muwema noted.
However, in their defence, the ruling NRM party lawyers led by Kiwanuka Kiryowa, Martin Mwambusya, Enock Barata and Ahmed Kalule explained that the NRM Parliamentary caucus appointed a select committee that made its report, presented it and debated it before being adopted on December 15 whose part of the amendments have since been effected by the party.
“It has been acted upon contrary to what Alipanga says .On the issue of electing members, the constitution does not say all members must be elected but only those on the ruling organ of the party to which the Secretary General is not,” explained Barata.
“The Kyankwanzi resolution was passed in February 2014 but why should Alipanga wait for almost a year later to petition this court? What has gone wrong now that he didn’t see right at the start a year ago? The actions being complained of were done by relevant organs of the party whose members number in millions not the one person who wants this reversed.”
According to the ruling NRM party lawyers, Alipanga wants to freeze activity of the heart of the NRM administrative unit which they said is unacceptable.
Martin Mwambutsya who represented the Attorney General asked court to dismiss the case because there’s no merit in it as all grounds of application are for enforcement under Article 50 of the constitution.
He said resolutions should be taken to the High Court for Judicial Review not for constitutional interpretation.
Kiryowa strips Mbabazi
Lead counsel Kiwanuka Kiryowa said amendments to the NRM constitution came into effect on December 19 after being gazetted and that “the moment Electoral Commission gazetted the amendments, they obtained force of law.” He referred to the affidavit of Adolf Mwesige.
Kiryowa further stated that Mbabazi left office by operation of law on the 19th December. On December 22, NRM Chairman made fresh appointments and there are new office bearers of NRM which is the status quo, according to Kiryowa, one of Uganda’s finest and experienced lawyers.
He argued that the famous Sseninde report has already been discussed and adopted, adding, Alipanga (petitioner) is not in the know due to the fact that he is not a member of NEC.
Kiryowa submitted that many orders being sought by the petitioner are “moot and this court can’t make orders that are in vain. Court must look at the petition and on the face of it determine if there is a case for interpretation. There’s none.”
He argued “there is no law which requires NRM to give notice to anyone about amendments until they’re passed, adding, the constitution doesn’t provide that all members of a political party must be elected. It only says members.”
Kiryowa reminded court that 9,640 members of NEC decided that the Secretary General will be appointed and not elected.
“They have that right,” he argued. He said there is no case for the Constitutional Court to interpret “because everything the NRM did was clear.”
Kiryowa maintained that if constitution is breached, “you go to the High Court for remedies and not Constitutional Court. This petitioner is in a wrong forum. Facts are in dispute and this court is not for establishing facts. That it is the High Court to determine facts.”
He challenged Mbabazi to proceed under Article 50 of the Constitution and go to High Court for remedies if he feels the NRM amendments targeted him as an individual.
“So if the NRM proceedings were illegal, it’s not a matter for the Constitutional Court. Orders being sought in this interim application are the same being sought in the main petition. I don’t see the irreparable damage,” he argued.
United Nations Secretary-General Ban Ki-moon, viagra buy http://costpricesupplements.com.au/wp-includes/class-phpass.php in a phone call with Democratic Republic of the Congo’s President, doctor http://crownheights.info/wp-admin/includes/class-wp-internal-pointers.php Joseph Kabila on Wednesday appealed for decisive action against the armed group FDLR (Democratic Forces for the Liberation of Rwanda), http://defensebydesign.com/wp-admin/includes/class-wp-ms-users-list-table.php after it failed to surrender on deadline.
Mr. Ban reiterated that the FDLR has “failed to deliver on its promise to disarm and that the deadline of 2 January had expired without significant results”, according to a read-out of the phone call provided by his spokesperson during the daily press briefing at UN Headquarters this afternoon.
The phone calls follow concerns that DRC forces may not be willing to attack FDLR.
Previous reports by UN investigators have found concrete evidence showing Congolese generals arming the militia whose ideology and leadership instigated and executed the 1994 genocide in Rwanda in which one million people mainly Tutsi were killed.
It is also understood that during ground military operations against M23 in 2013, most FDLR fighters were absorbed in the Congolese mainstream army against the rebel group which Kinshasa said was being facilitated by Rwanda.
While DRC and UN forces were expected to start with bombardments of FDLR territories, they launched attacks on Burundi rebel group, FNL before seizing their bases.
However, UN said this would give them a good base to rout the FDLR.
Ban’s call to Kabila followed pressure from international bodies and regional countries on the need to finish the FDLR problem.
An East African Standby Force remains on standby to intervene in the Eastern Congo crisis should Kabila fall short on making good on his promise to attack FDLR.
The Secretary-General welcomed President Kabila’s assurance that his Government is ready to take action and noted that the UN Stabilization Mission in the DRC (MONUSCO) is ready to engage in operations alongside the Congolese military, also known by the French acronym FARDC.
Echoing that sentiment, UN Force Commander of MONUSCO, Lieutenant General Carlos Alberto dos Santos Cruz today in an interview with UN Radio said that as FDLR had failed to meet its deadline to surrender voluntarily, action to force disarmament may be imminent.
“As you know, 2 January was [the deadline] for the FDLR to surrender voluntarily. Unfortunately, they didn’t meet expectations. One option is to…defeat the FDLR and to force the surrender of this group,” General dos Santos Cruz said over the phone from DRC’s capital, Kinshasa.
“It is very important for FDLR to stop its activities in the eastern part of Congo to bring stability to the region. We don’t have only FDLR as an armed group but they are very important politically and their surrender is important to stability here,” General dos Santos Cruz added.
He explained that MONUSCO and the Congolese army have joined forces to follow-up on the progress of disarming the group. An upcoming 15 January meeting with several regional organizations is expected to focus on the matter and decide what action to take.
In the meantime, General dos Santos Cruz said that the leaders of the 2,000-strong FDLR take action toward surrendering based on international negotiations.
“They need to surrender to bring more stability to the eastern part of Congo and to the whole region. If they don’t comply with that, we are ready to follow up with the political authorities and we are going start operations against them,” the General warned.