The African Court reopened pleadings in a case challenging Tanzania’s voting restrictions on prisoners and diaspora citizens, and gave the State 7 days to respond.
The majority of the Constitutional Court held that the Electoral Commission's act of retiring the 2011 Voters' Register and substituting it with data from the National Identification Enrolment Register, resulting in the omission of the Petitioner's name, was inconsistent with its constitutional duty to maintain the Voters' Register under Article 61(1)(e). The Commission's failure to maintain its existing data bank and ensure the Petitioner's continued registration violated his right to vote and to stand as a candidate, as protected by Articles 17(1)(h), 20(2), 21, 59, and 80(1)(b) of the Cons…
Nagami Gloria v Attorney General and Anor (Civil Miscellaneous Application No. 177 of 2020) [2021] UGHCCD 27 (30 April 2021)
Court
HC: Civil Division (Uganda)
Case number
Civil Miscellaneous Application No. 177 of 2020
Judge
Musa Ssekaana, J
The court held that while the right to vote is fundamental and protected by the Constitution, it is subject to the procedures and limitations established by electoral laws. The Electoral Commission is mandated to set a cut-off date for voter registration to ensure the orderly conduct of elections and to provide a clean, reliable voters register. The court found that the applicant did not follow the proper procedure for raising objections regarding the voters register, as such complaints must first be addressed to the Electoral Commission and its tribunal. The court further reasoned that the i…
The Constitutional Court struck out a petition challenging closed party primaries, holding it raised no constitutional interpretation issue and fell outside its jurisdiction.
The Court found that the Applicant faced a real and imminent risk of irreparable harm to his political rights due to the Respondent State's failure to comply with its previous order and subsequent actions, including conviction and removal from the electoral register. The Court held that it retained prima facie jurisdiction over the matter despite the Respondent State's withdrawal of its declaration, as the withdrawal does not affect pending cases and only takes effect after one year. Given the urgency and gravity of the situation, with the presidential election imminent, the Court determined…
Kalali v Attorney General & Another (MISCELLANEOUS CAUSE NO. 35 OF 2018) [2020] UGHCCD 172 (17 June 2020)
Court
HC: Civil Division (Uganda)
Case number
MISCELLANEOUS CAUSE NO. 35 OF 2018
Judge
Mugambe, J
The High Court held that Ugandans aged 18 and above in prison or the diaspora have a constitutional right to vote, and ordered the Electoral Commission to take steps to enable registration.
Kasozi & 3 Ors v Attorney General & 2 Ors (Constitutional Petition No. 37 of 2010) [2015] UGCC 2 (29 September 2015)
Court
Constitutional Court of Uganda
Case number
Constitutional Petition No. 37 of 2010
The court held that Parliament's constitutional duty under Article 78(4) to prescribe the procedure for elections of special interest group representatives (army, youth, workers) cannot be delegated to the Minister or any other body. The Parliamentary Elections Act and related regulations, to the extent that they delegated this duty, were declared unconstitutional and void. The court found that the exclusion of non-unionised workers and persons with disabilities not affiliated to NUDIPU from participating in elections violated the right to vote and freedom of association. However, the current…
