{UAH} It would be unconstitutional to use national IDs to identify voters in 2016

It would be unconstitutional to use national IDs to identify voters in 2016

Article 59 of the Constitution provides that every citizen of Uganda of 18 years or above has a right to vote and it is the right of every citizen of 18 years or above to register as a voter for public elections and referenda.

S.19(1) of the Electoral Commission Act, Cap 140 stipulates that any person who is a citizen of Uganda and is 18 years of age or above shall apply to be registered as a voter in a parish or ward where she/he originates from or resides.

S.19(2) of the Electoral Commission Act, Cap 140 states that no person shall be qualified to vote at an election if that person is not registered as a voter in accordance with the Constitution.

It is obligatory upon the State to take all necessary steps to ensure that all citizens qualified to vote register and exercise their right to vote.

It is not provided anywhere in the laws of Uganda that a person should first have a national Identity Card to be eligible to vote in elections or referenda. Consequently, the statement attributed to the Electoral Commission (EC) that IDs may be used for any purpose whatsoever in the 2016 general election is not only grossly erroneous but if relied upon to act or identify voters in the forthcoming elections, will be treasonable.

An online statement from Daily Monitor attributed to EC spokesperson Jotham Taremwa as reported to have said, "National IDs are not enough to vote in 2016." I would emphatically add that they are neither necessary nor desirable.

More alarmingly, however, they can be used to rig elections. I entirely agree with Mr Taremwa that the majority of voters do not have national IDs, especially those haphazardly printed under the recent exercise.

The overwhelming number of voters did not turn up to register for IDs under the exercise presided over by my good friend and gallant senior army officer, Col Stephen Kwiringira. Many of those who were processed for the IDs have not as yet received them nor has the exercise been fully completed.

It would, therefore, be sheer folly for any serious candidate whether presidential, parliamentary or local government to participate in the 2016 elections when IDs are used.

I recently facilitated relatives, friends and former political supporters from my constituency of Rubanda East to attend His Holiness Pope Francis's celebrations in Kampala. They revealed very disturbing phenomena.

The majority of them, their relatives and friends do not have national IDs. Those who registered were told to go to Kabale District headquarters and collect their IDs. They are lamenting that they have never gone there because they have no transport money. They further revealed that most voters in the constituency are in the same position.

Incidentally, in the recent NRM primary elections for flag bearers, most of them, even though recorded by the NRM electoral commission as having voted, never actually turned up at the voting venues.

My guests said the candidate/candidates facilitated them at home and collected their NRM voting cards. It is, therefore, possible that candidates or their agents physically placed all their voting cards in the boxes at the scheduled voting venues.

The above testimonies strongly support the assertions by presidential candidate Yoweri Museveni, losers in those elections and independent reports that the NRM primary elections for its various flag bearers were wrecked by corruption, vote buying, rigging and intimidation.

If all this can occur in the ruling party by and against its own members, the mind boggles as to what will happen when these brothers and sisters of the same kraal confront what they regard as their enemies in the 2016 elections.

Presidential candidates Kizza Besigye and Amama Mbabazi have been attracting huge enthusiastic crowds at their public rallies. They should be strongly advised that not all those who come are registered voters or possess national IDs.

It is, therefore, in the interest of all presidential candidates that at their diverse rallies, those attending should show by a show of hands whether they have voters' cards or national IDs. I predict that the results will shock the candidates because it is a fact that not every citizen attracted to a rally has a voter's card or intends to vote for that particular candidate.

Incidentally, Parliament has recently and rightly rejected the suggestion that national IDs be used in the 2016 elections.

Prof Kanyeihamba is a retired Supreme Court judge. gwkany@yahoo.com

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H.OGWAPITI
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"To announce that there must be no criticism of the president, or that  we are to stand by the president right or wrong, is not only unpatriotic  and servile, but is morally treasonable to the American public."
---Theodore Roosevelt

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