City lawyer and perennial litigant Male Hassan Mabirizi has in a letter addressed to the Speaker of parliament through the clerk expressing his rejection of the re-appointed electoral commission bosses and the newly nominated commissioners who are set to be vetted later next week.
In a letter dated 05th January 2024, Museveni re-appointed justice Simon Byabakama Mugenyi to continue serving as the chairperson electoral commission for the next seven (7) years. He also re-appointed Hajjat Aisha Lubega to continue serving as the vice chairperson.
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Museveni retained one commissioner of the five and fire the other four. He named four new commissioners of which 2 are NRM former members of parliament who didn’t make it back to the house in 2021, one is a Makerere University don while the fourth one has been an employee of the electoral commission.
In a dramatic turn of events, Mabirizi has outlined his reasons why he rejects the entire Museveni’s electoral commission from Byabakama to Robert Kasule Ssebunya. According to Mabirizi each of the seven members of the commission doesn’t qualify to preside over a national election.
Mabirizi says Byabakama and Lubega are barred by article 60(4) of the Constitution since their term expired without renewal three months hence can not be renewed. He also says Byabakama continues to serve as a Justice of Appeal and he instead just took leave and this makes him not qualified for the position.
The city lawyers further say none of the commissioners has the necessary requirements under Article 60 (2) of the constitution which require that “Members of the commission shall be persons of high moral charade, proven integrity and who possess considerable experience and demonstrated competence in the conduct of public affairs”.
He says while working in the Office of the Director of Public Prosecutions, Byabakama is on record by High Court for having fabricated evidence in the Dr Kizza Besigye’s treason case when he presented a witness with gadgets to enable her receive answers from out.
For Hajjat Aisha Lubega, Mabirizi says she’s also not experinced enough to handle a national election going the requirement needed under Article 60 (2) of the constitution. That her last job was a headteacher at Nabisunsa Girls’ Secondary School which is very narrow in pubic administration to qualify her for presiding overall national elections.
Mabirizi further says the other three commissioners Stephen Tashobya, Anthony Okello, Robert Kasule Ssebunya all for National Resistance Movement (NRM) Members of parliament are so partisan that they can’t preside over any independent national election.
And for Makerere Don Dr Sallie Simba Kayunga, while at the Makerere Law School, all his views are always against the Rule of Law and democracy without any good will or capacity to preside over a fair election.
While Pamela Etonu Okudi who is a staff at the Electoral Commission is one who individuals behind the mismanagement and maladministration of the 2016 and 2021 general elections meaning she hasn’t demonstrated any competence needed.
The city lawyer now implores the parliament’s appointments committee led by Speaker Anita Among to halt the vetting of the said commissioners basing on such reasons as indicated in the letter he sent to the speaker through the clerk to parliament.
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