City lawyer Hassan Male Mabirizi Kiwanuka has asked the Speaker of Parliament and other appointments committee members not to approve Byabakama and other members re appointment to Electoral Commission due to several reasons.
“Am a civically active Ugandan lawyer with a Constitutional duty to protect the Constitution and to promote Rule of law in which capacity I object to all the 7 Nominees for Electoral Commission.” Reads part of Mabirizi’s letter dated 11th January 2024 with acknowledgement stamp from Speaker’s chambers.
One of the grounds raised by Maverick lawyer Mabirizi is that Simon Byabakama and Aisha Lubega are barred by Article 60(4) of the Constitution since their term expired without renewal at least 3 months hence cannot be renewed.
“The evidence in High Court Civil Division Consolidated Misc. Cause No. 237 &431 of 2019 indicate that contrary to Article 60(5)(d) of the Constitution, Simon Bybakama Mugenyi refused to relinquish his position as a Justice of appeal but instead opted to take LEAVE, hence not qualified.”
Thirdly that, none has minimum requirements under Article 60(2) of the Constitution which requires that “Members of the commission shall be persons high moral character proven integrity and who possess considerable experience and demonstrated competence in Lne conduct of public affairs.
“Simon Byabakama Mugenyi while working in office of the Director of Public Prosecutions is on record by High Court for having fabricate evidence in Dr. Kizza Besigye Treason case by presenting a witness with gadgets to enable her receive answers from out “
Mabirizi also pointed out that Aisha Lubega’s last job was a headteacher at Namagunga girls school which doesn’t prove that she can manage national issues like Elections.
Well as Robert Kasule Ssebunya and Stephen Tashobya are all former members of Parliament on National Resistance Movement (NRM) ticket which makes them partisan.
“Just yesterday, I was at Makerere Law School where Dr. Sallie Simba Kayunga was a Phd Examiner, All his views were anti-Rule of Law and Anti-Democracy, without any good will or capacity to preside over a fair election.”
For Pamela Etonu Okudi, Mabirizi alleges that she is a staff at Electoral Commission, one of those
Who have been behind the mal administration of 2016 and 2021 General Elections and therefore she has not demonstrated any competence.
This has come a few hours after a letter dated 5th January 2024 , from President Yoweri Kaguta Museveni appointing the above individuals as Members of Uganda’s Electoral Commission has leaked to the media.
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