This Act was repealed on 2005-11-21 by Presidential Elections Act, 2005.
Presidential Elections Act
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- Is repealed by Presidential Elections Act, 2005
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History of this document
21 November 2005
Repealed by
Presidential Elections Act, 2005
12 December 2000 this version
Commenced
Cited documents 0
Documents citing this one 92
Judgment
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Affidavits|Constitutional Law|Elections|Evidence Law|Burden of Proof|Evaluation of Evidence |
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Supreme Court declines to hold Attorney General in contempt for delayed electoral reforms, but issues new compliance deadlines and directives.
Constitutional law – Civil contempt of court – Supreme Court orders for implementation of electoral reforms – Attorney General’s duty to follow up and report – Wilfulness and mala fides in non-compliance – Judicial oversight of Executive compliance – Remedies and progressive reporting.
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An election petition’s wrong statutory citation is a curable procedural error; petition remitted for merits under LGA/PPOA.
Election petitions – Local Governments Act (ss.138,139) – Political Parties and Organisations Act (s.16) – Wrong citation of statute – procedural error curable under Article 126(2)(e) – Section 172 LGA applicability – Court of Appeal rules: timeliness and rule 86(1).
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Petitioner failed to prove electoral irregularities; election found compliant and petition dismissed with costs.
Parliamentary elections — statutory election petition under Section 60 — compliance with electoral laws; interlocutory court orders subject to appeal; party symbol allocation; allegations of false statements (Section 73) — burden on petitioner to prove illegality and substantial effect on result; dismissal where irregularities not proved.
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Elections
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The Court upheld the validity of Uganda's 2016 presidential election despite instances of noncompliance, ruling they did not substantially affect results.
Election Petition – Presidential Elections – Noncompliance with Electoral Laws – Substantial Effect on Results – Role of Attorney General
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The court nullified a parliamentary election after finding the winner was unlawfully nominated in contravention of a court order.
Electoral law – validity of nomination – effect of court order restraining party declaration – standard of proof in parliamentary election petitions – evaluation of evidence – unlawful inclusion on ballot – setting aside election results – fresh elections ordered.
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The applicant's election petition was dismissed for failing to file the mandatory Rule 4(8) affidavit and for an undated, invalid affidavit.
Local Government Act — application of Presidential/Parliamentary election rules; Rule 4(8) Parliamentary Elections (Election Petitions) Rules — affidavit accompanying petition must be filed with petition; Rule 15 — affidavits as evidence do not substitute for Rule 4(8) affidavit; jurat formalities — place and date mandatory; undated affidavit a nullity; statutory filing time-limits strict; inability to cure by supplemental affidavit where jurat requirements and timing not met.
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