{UAH} EC’s Kiggundu can’t discard old register

Prof George Kanyeihamba

Retired Supreme court judge GEORGE WILSON KANYEIHAMBA has no kind words for Electoral Commission chairman Badru Kiggundu, after the EC discarded the old register and used the national ID registration data to generate a new register.

From his home in Buziga, Kanyeihamba told Derrick Kiyonga  that the 2016 elections were in danger of being a nullity.

What is the exact problem you have with the way the EC has handled the 2016 election process?

The major problem facing Dr Badru Kiggundu and his colleagues is noncompliance with the provisions of the Constitution and the Electoral Commission Act. They seem to be directed by the powers that be. Unlike Steven Akabway [head of the Electoral Commission in 1996] who was independent, Kiggundu's decisions are largely influenced by the NRM government. Kiggundu, despite his appeal in terms of academic qualifications, belongs to the Kisoga saying "Baaba kyakoba nange ky'enkoba".

The saying means what the boss says I must follow. A classic example is when Kiggundu refused to nominate Erias Lukwago [to run] lord mayor of Kampala just because one minister had told him not to do so. One time I met Kiggundu and told him to do things independently and he asked me that 'what if the president insists? What should I do?'  I told him that 'you refuse and tender in your resignation letter immediately'. Up to today he has never followed my advice.

You criticised the EC for rejecting Norbert Mao's nomination for parliament, but the EC says Mao is not registered.

The decision not to nominate Mao is not based on any law or electoral rules; it's purely based on the knowledge that he allied with NRM rebel Amama Mbabazi… because without contesting for [any] post, it would be difficult for Mao to campaign for Mbabazi.

If he is not a candidate, people cannot take him seriously. The NRM schemers are going to tell people that Mao is not serious since he doesn't have a national identity card.

But the national ID is needed to identify voters…

That's absolute nonsense. I have written elsewhere that once a Ugandan citizen, always a Ugandan citizen; and once a voter, always a voter. We had a voters' register ever since the 1960s. Personally I have a voter's card which was issued to me just before the 1996 elections and that's what I intend to use for the upcoming elections.

I will use the voter's card, not because I don't have a national identity card but because using the national identity card  for voting is not backed up by any law.  The law is clear that in order for one to vote, he/she must have a voters' card and he/she must be on the voters' register. 

So, you will defy the Electoral Commission?

I have said I will never use the national identity card because it wasn't put in place for voting purposes. The identify cards are to identify us as Ugandan citizens. If a document is designed for elections purposes, it must say so. As far as I remember, identity cards are issued to Ugandans regardless of age, tribe, sex or legal status.

If the Electoral Commission were to be stupid or silly and insist that in order for somebody to vote they must have a national identity card, then foreigners who have obtained the cards will vote in the forthcoming elections.
 
But the EC recently said that they had discarded the 2011 voters' register…

That's rubbish…and such declarations show that [the EC chairman] is unschooled. The only authority that Kiggundu has is to update the voters' register. Updating doesn't mean writing off original members of the register.

The thing he can do if he wants to eliminate somebody from the voters' register is to get evidence of a court decision in which that person has been found guilty of a criminal offence. That means that individual is disqualified from the voting process. By discarding the voters' register, Kiggundu and his colleagues at the commission stand a risk of being arrested and charged with treason in accordance with article 2(3) of the Constitution.

 What needs to be done to have a credible election in 2016?

The opposition must ensure that the whole country knows that the national identity cards are irrelevant as far as the voting process of 2016 is concerned. Secondly, they should ensure that on voting day, the number of ballot papers cast tallies with the actual voters. 

The opposition must ensure that they expose previous cheating methods the NRM has used to illegally win elections in the past. One of the ways the NRM rigs is by approaching agents of the opposition and buying them off such that they don't report election malpractices. I have done research since 2001 and I have found that the Electoral Commission gets a record of all agents of each party.

The record is either stolen or forwarded to the NRM operators. The NRM operators then conspire with their leaders to bribe opposition agents such that they sign declarations forms which have false results. Then the NRM comes out to say that the elections were free and fair with no irregularity at all. Majority of the NRM victories are based on such irregular schemes. 

Are you suggesting  that 2016 elections have already been rigged?

If the opposition candidates are not aware of such schemes and they have no strategies to counter such manvoures even before the elections, I'm absolutely confident that they will lose the 2016 elections.   

 You have been watching the presidential campaigns; what do you make of them?

The campaigns have been exciting but will start with candidate Museveni who has been making several promises which he has made in the past. They include the infamous statement that in his government "there will be zero tolerance to corruption" when actually there has been 100 per cent tolerance of corruption in his government.

The huge crowds that have been on his rallies are largely because he is paying people to attend or they come because his party provides transport for such people. In fact when you analyze evidence on the ground, Museveni has never been as unpopular as he is today. 

Mbabazi; His rallies have been exciting and fairly large. People see him as a true challenger to Museveni not because he has different policies from those of Museveni because he has been part of his government for all these years. So those crowds who support him including defectors from Museveni are dying to see change in presidency, not to see change in polices.

You note that most of Mbabazi's promises are about revisiting NRM polices like education or health. So, it would be foolhardy for people to vote for somebody who is just going to revisit NRM polices which have failed.

Besigye; With regard to [Kizza] Besigye, many people see him as a victim of NRM's machinations to remain in power. Since 2001, Kizza Besigye has remained consistent and true to his principles. He continues to fight injustice and rigging of elections; thus many people see him as the only credible candidate who can bring about real change in the leadership of this country.

He has promised to reduce wastage in government. Besigye hasn't promised to revisit NRM policies but he has made his own policies to counter those of the corrupt regime of the NRM.

Now my view is that Ugandans shouldn't be deceived by offers for posts or bribes.  They should think of where the country is going after 2016. For the last 30 years, most of the pledges Museveni has made have been broken. He has also disregarded professional advice with impunity. 
 
President Museveni has said that he can hand over power, but not to Besigye or Mbabazi…

Well, I read it also in the press; if it's true, that's troubling. President Museveni is an intelligent man and he is also wise. How could he have said such a treasonable thing? From time to time the national army [UPDF] has publicly said that they would respect the decision of the people.

So, it means if Besigye or Mbabazi wins they must salute them. So, if Museveni refuses to give up power, then the army or the police would have to arrest him. Why would Museveni want to embarrass himself like that? I don't know which judge or court would acquit him of the charge of treason.

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*A positive mind is a courageous mind, without doubts and fears, using the experience and wisdom to give the best of him/herself.

 

 We must dare invent the future!
The only way of limiting the usurpation of power by
 individuals, the military or otherwise, is to put the people in charge  - Capt. Thomas. Sankara {RIP} '1949-1987

 *"Those who make peaceful revolution impossible will make violent

revolution inevitable"**…  *J.F Kennedy

 

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