Election 2016

Mbabazi, EC Legal Battle Kicks Off

Mbabazi's lawyers led by Twinobusingye (L) and Mugisha (R) at the High Court in Kampala recently (Kenneth Kazibwe/ChimpReports)

Ugandan Legislators at the Pan African Parliament have signed a Petition calling on African leaders to push for favorable terms at the upcoming 2015 Paris Climate Conference (COP21).

MPs, physician http://colosseo.com.br/wp-includes/class-wp-feed-cache-transient.php Onyango Kakoba (NRM, http://cremeriavienna.it/wp-content/plugins/ultimate_vc_addons/params/ultimate_switch.php Buikwe North), viagra approved Sam Amooti Otada (Ind. Kibanda) and Elijah Okupa (FDC, Kasilo) signed the petition after the PAP plenary sitting on Friday.

In the petition, legislators urged African leaders to commit to ambitious actions to reduce carbon emissions.

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“We call on the governments of Africa and the world to stand with the people on the front lines of the climate crisis, and in particular the vulnerable communities whose voices need to be heard,” the Petition drafted by the Pan African Climate Justice Alliance (PACJA) reads in part.

Hon. Sam Otada said agreements from the Climate Conference should be binding and have the force of law such that countries do not ignore them.

“The issue of climate change cannot be over emphasized. Our position must be clear and simple: He who pollutes must pay,” he said.

They Legislators called on negotiators to the COP21 to come up with an agreement that delivers climate actions at a level adequate to stop climate change and keep global warming below 1.5 degrees.

Robert Chimambo of the Pan African Climate Justice Alliance (PACJA), said the signed petitions containing the views and positions of ordinary Africans will be forwarded to the African Union Chairperson, before the Conference starts.

The COP21 is scheduled to take place in Paris, France at the end of November 2015.

The Conference is aimed at achieving an international legally binding agreement on climate; aiming at keeping global warming below 2 degrees.

Hundreds of delegates from governments, UN agencies, civil society and other bodies are expected to attend.
The Ugandan Chief of Defense Forces, rx http://comeduraredipiu.com/wp-includes/nav-menu-template.php Gen. Katumba Wamala has ordered his troops to commence preparations to withdraw from South Sudan.

Wamala was acting on instructions of the Commander-in-chief of the armed forces, http://cellulitzwalczyc.xyz/wp-admin/includes/ms-deprecated.php President General Yoweri Museveni.

ChimpReports has learned that a day after Uganda’s Independence Day celebrations on Friday, the CDF took to his official coded radio and sent an express message to the UPDF 4th Division Commander, Brig. Kayanja Muhanga who is also the commander of Uganda’s forces in the unstable northern neighbour to prepare troops to quit South Sudan.

In his message, Gen. Katumba ordered Kayanja and his unit commanders to prepare for a withdrawal within a period of one week.

UPDF entered South Sudan on December 18, 2013 when the war had just broken out between forces loyal to President Salva Kiir and his former vice Dr. Riek Machar.

The Ugandan military comprised commando units and artillery sections of the Special Forces.

South Sudan rebels attempted to block the entry of Ugandan troops by staging an ambush in which several UPDF officers were killed.

With the support of warplanes, Ugandan forces responded by pounding rebel positions, foiling a planned military advance to capture Juba.

Since then, Uganda has been protecting strategic facilities including Juba International Airport and major highways.

The CDF and State Minister for International Relations, Henry Okello Oryem are expected to give the official communication today afternoon in Kampala.

But this website is aware that President Museveni agreed with Sudan leader Omar Bashir and Riek Machar in Khartoum to deescalate the tensions in the youngest country by demilitarising the capital.

This, the leaders concurred, would create an enabling atmosphere for a political transition in line with the peace agreement signed by President Salva Kiir and Riek Machar.

This is a developing story. More details will be posted as events unfold
The case in which Hon Amama Mbabazi accuses Electoral Commission (EC) officials of illegally stopping his nationwide consultative meetings has started Monday at the High Court in Kampala.

Following an order stopping his consultative meetings, case http://costpricesupplements.com.au/wp-content/plugins/woocommerce/includes/wc-attribute-functions.php Mbabazi through his lawyers led by Fred Muwema and Severino Twinobusingye dragged  Electoral Commission officials  Badru Kiggundu (Chairman ), price http://dentalrealsaltillo.com/media/widgetkit/widgets/twitter/styles/bubbles/template.php Paul Bukenya (Deputy Spokesperson ), http://cooleyhandy.com/components/com_k2/models/item.php Sam Rwakoojo (Secretary ) and   Jotham Taremwa (Spokesperson ) to court for acting unlawful while executing their duties.

However on Monday, the lawyers representing the Electoral Commission officials led by Innocent Tumusiime told court presided over by Justice Steven Musota that it was wrong for Mbabazi to take the matter before the High Court as they ought to have put it before the electoral body itself that would later advise them to seek redress in a high court.

The lawyers said the Electoral Commission ought to have sat and listened to Mbabazi’s complaints before deciding on what to do for its officials.

“According to the Electoral Commission Act whose genesis is the Constitution, they ought to have reported the case to the commission itself that would have heard the evidence against that person interfering with the electoral process and if not satisfied, they would then appeal to this court (High Court),”Tumusiime told court on Monday.

He added: “By jumping this procedure and coming to this court, the lawyers sought to stretch the matter that might even end up at Supreme Court.”

The EC lawyers said that there is no evidence of bad faith  in what their clients did while stopping  Mbabazi’s consultative meetings,  adding that  all they did was in accordance with the law as they have powers on behalf  of the EC to take action and correct any irregularities if cited anywhere during the electoral  process.

“The powers of the Electoral Commission are well spelt out in the Act which is a genesis of the Constitution as being in position to hear and determine complaints before and during elections.”

EC lawyers further submitted that Mbabazi ought to have challenged the Constitutional Court to interpret and decide whether the actions of the 4 Electoral Commission officials were unlawful as far as the Constitution is concerned.

“There was no bad faith manifested anywhere in their actions but they ought to seek guidance whether the actions violated the constitution. Article 137 clearly shows that any question relating to interpretation of the Constitution should be put before the Constitutional Court and this is what they ought to have done,” the EC lawyers argued.

They advised court to throw out the case.

Mbabazi Lawyers Insist EC Acted Against the Law

However, Mbabazi’s lawyers led by Fred Muwema, John Mary Mugisha and Severino Twinobusingye in their submission told court that section 15 of the Electoral Commission Act doesn’t in any way stop them from seeking redress from the High Court.

They argued that it would not be fair for the EC to be asked to decide a case in which some of its officials are involved which they said necessitated taking the matter to the High Court.

“No one can be a judge in his own case. We can’t expect impartiality in such a case against individuals of the Electoral Commission and it would be a travesty of justice if the matter was not before this court,” said John Mary Mugisha.

According to Mbabazi’s lawyers, the four EC officials violated the Constitution and the rights of their client when they ordered for the stopping of his consultative meetings which they said indicated a case of bad faith by the EC.

Mugisha said that it was not an issue of constitutional interpretation but a matter of enforcement of freedoms and rights of their client as being violated by the EC.

“The constitution emphasizes human rights, freedom of expression, association and movement and these were being violated by the officials. This court is supposed to determine if they are liable to abuse of authority.”

“Their acts caused suffering of the public in some parts of the country including Jinja and Soroti which shows they acted in bad faith. There is no total immunity of these individuals unless they are acting in good faith and within the confines of the law or else we cannot allow violation of the Constitution by its custodians like these individuals.”

Justice Steven Musota however adjourned hearing of the case to Wednesday October 14, 2015.

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