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Court sets date for ruling on application challenging EC ban on campaigns

the Electoral Commission (EC) Chairman Justice Simon Byabakama

Kampala, Uganda |  THE INDEPENDENT | Justice Musa Ssekaana has set January 6th for the ruling on the application challenging the directive issued by the Electoral Commission (EC) Chairman Justice Simon Byabakama banning election campaigns in 20 districts and cities.

On Monday, Lukwago challenged the ban in the High Court because it is irrational and illegal.

Lukwago is also seeking a declaration that the decision amounts to deprivation and violation of candidates’ rights to disseminate ideas, political platforms or agenda to the electorate which is a vital tenet of electoral democracy.

On Wednesday, the EC lawyers Erick Sabiiti and Hamid Lugoloobi asked the court to dismiss the application basing on the facts that the applicant accepted the directive and bought a campaign van UAZ489W and equipped it with a public address system, which the EC recommended.

Lukwago, in the application filed in the capacity of Political Head of Kampala, a 2021 Kampala Mayoral candidate in Kampala District and as a concerned citizen, contends that this directive is unconstitutional and infringes on the fundamental rights to association, assembling, expression and a fair hearing.

He further says the directive was just issued in a press statement without any legal provisions backing it up as required by law. He prayed that the court does not set precedence where the EC makes decisions that infringe on the constitutional provisions of respect to human rights.

On Saturday, the EC suspended campaign meetings of all categories of elections in 16 districts and cities in the country due to the surging Covid-19 infections exacerbated by mass gatherings.

The districts include Kasese, Mbarara, Kabarole, Luwero, and Kampala among others.  EC advised candidates to restrict themselves to virtual campaigns by using radios, televisions, social media, community-based Public Address Systems (kizindaalo) and other online platforms.

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