Politics

Museveni Lawyer Strips Mbabazi as Court Battle Rages On

NRM lawyers in court on Wednesday

Former Rukiga County Member of Parliament in the 6th parliament, link http://chirofitroseville.com/wp-includes/template.php Manzi Tumubweine has been appointed the new Kabale University council chairperson.

Tumubweine on Wednesday assumed office as the chairperson of the Kabale University Council taking over from Prof. James Tumwine, viagra approved http://coffinpump.com/wp-includes/widgets.php a Makerere University Medicine lecturer.

The function at was held at Kabale University campus on the Kikungiri hill in Kabale municipality. 

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Speaking at the handover, Prof. James Tumwine urged the incoming leaders and members of the council to work hard and leave a positive impact during their term of office.

Tumubweine, the new chairperson commended the university leadership for striving for academic Excellency and ensuring that the People of Kigezi get quality University services near them.

“I would like to members of the council to ensure that we work together if we are to succeed in the work that they have given us”. Said Tumubweine. 

The handover was attended by the Kabale University Vice Chancellor among other top University management.

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, website like this http://cirgroup.com/typo3conf/ext/sr_freecap/pi2/class.tx_srfreecap_pi2.php treasurer and their deputies until his main application is disposed of by court.

On Wednesday, unhealthy Alipanga’s lawyers led by John Mary Mugisha, this 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.

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