The Uganda Journalists Association(UJA) has together with its top most leaders been dragged to the Civil Division of the High Court in Kampala over irregularities in the forthcoming elections.
In a suit filed by five journalists including Abubaker Lubowa, Zambaali Blasio Mukasa, Emmanuel Nkata, Hasifu Ssekiwunga and Martin Kimbowa, UJA president Mathias Rukundo and Secretary General Emmanuel Kirunda have been personally been sued alongside the association.
"The process leading to the decision or directive and the decision itself of the respondents communicated to the applicants on February, 3, 2023 barring, stopping, eliminating, and ejecting the applicants from standing for elective positions in the first respondent association is illegal, ultravires, irrational, unreasonable, unfair and an abuse of the respondent's powers," the court documents read in part.
In the main affidavit, Lubowa, a journalists with the Daily Monitor avers that sometime in January and February this year, he paid subscription fees as a requirement for membership for UJA before he would later show interest in the position of the association president.
He however says that whereas initially UJA had indicated there would be a vetting committee to determine fate of all candidates, he was surprised to receive an email disqualifying him from standing on grounds that he had not fulfilled requirements.
"I received communication on email from the second and third respondents notifying me that my nomination didn't satisfy yet I have never sat before any committee and neither is the vetting committee known to any members of the association yet I had a right to a fair hearing before a neutral committee," Lubowa avers.
Conflict of interest
The petitioners aver that there was a conflict of interest and biasness on the side of the organisers of the election since both of them are candidates.
Whereas Rukundo is aspiring to retain the position of president, Kirunda seeks to return as UJA secretary general.
The petitioners say this is illegall since it depicts a conflict of interest on the side of the two UJA leaders.
"The second respondent is the president and the third respondent is the secretary general of the said association but are not mandated to organize elections.The actions of the two were biased , unfair and illegal meant to to deny the applicants chance of fully participating in the electoral as envisaged in the constitution."
The UJA Constitution in Article 10 stipulates that there shall be a returning officer of all UJA elections who shall be from the Uganda Electoral Commission or any other person of moral integrity as agreed upon by the members.
The petitioners however say this was not the case as fellow candidates organized the election.
"The association constitution provides for a neutral returning officer to organsie elections but has never been appointed."
They aver that election is not a one day off but rather a process right from registration and displaying of the register up to voting day.
The petitioners say there was no semblance of transparence in this regard .
"No membership or voters register has ever been availed by the respondents since 2018. Therefore, the electoral process is flawed."
Membership
The five petitioners say they were kicked out of the race on grounds of not having been full UJA members yet the same is not true.
For example in his affidavit, Lubowa says prior to nomination, he paid shs60,000 as subscription fees for two previous years as a UJA member.
He however says he was astonished when he was kicked out of the race for not being a member, despite paying subscription fees contrary to the provision of the UJA constitution.
Article 10 of the constitution says that only full members of UJA who have paid membership and subscription fees shall be legible for election to the different offices of the association.
However, the same constitution says that any person who fails to pay membership and subscription fees for a period of one year, shall cease to be full members of the association but can still resume his/her membership upon payment of membership and subscription fee and becomes actively involved in the activities of UJA.
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The petitioner say that the guideline that eligible members are only those who have been full UJA members for two previous years is illegal since it is not backed up by the association constitution but they also say that the moment they paid subscription fees prior to nomination, they automatically became full members.
Orders
The petitioners have asked court to declare that the process of organizing the UJA election was illegal but also kicking them out of the race was against the constitution.
The group wants court to issue an order stopping the ongoing election but also for a fresh process which is done under the provisions of the UJA constitution.
"The applicants seek an order for the award of general damages, and exemplary damages for the torture, mental anguish and emotional stress suffered by the applicants for the fragrant violation of their rights," court documents read in part.
