Uganda: Kikongo Plans Mubajje Exit

On August 7, High court judge Harriet Grace Magala made a significant decision by disallowing an application by the Uganda Muslim Supreme Council (UMSC), which sought unconditional leave to appear and defend a summary suit.

This suit had allowed businessman Justus Kyabahwa to auction UMSC's properties. Little did Judge Magala know that her ruling would pave the way for a potential exit for Mufti Shaban Ramathan Mubajje. Since that ruling, a series of events have unfolded, presenting the most significant challenge to Mubajje's leadership, a position he has held for the past 23 years.

On November 16, 2023, newspapers carried advertisements announcing the auction of not only seven prime properties owned by UMSC but also the national mosque located at Old Kampala hill. The fallout from this advertisement has drawn the attention of numerous individuals, including President Yoweri Museveni of Uganda.

In a letter addressed to Chief Justice Alfonse Owiny-Dollo, the president's comments have ignited a public outcry due to concerns about interference in the judiciary's work. In his letter, President Museveni questioned the rationale behind attaching a place of worship as collateral due to "debts carelessly entered into by officials of that faith."

BACKGROUND

On June 24, 2020, the Uganda Muslim Supreme Council, represented by its former secretary general Rama- than Mugalu, Mufti Shaban Ramathan Mubajje, and the late former chairperson Abdulkadir Idi Balonde, sold a two-square-mile piece of land located in Sembabule district to businessman Justus Kyabahwa for a sum of Shs 3.584 billion.

The agreement they signed stipulated the transfer of land ownership to the businessman within 150 days. In the event of failure to do so, they were obligated to refund the money with a 12 percent monthly interest rate.

However, it was later discovered that the land already had a 15-year lease with Enterprise Handling Services Limited, set to expire in 2028. As a result, UMSC faced difficulties in both transferring the land and refunding the money, leading to the accumulation of the current debt amounting to Shs 19 billion.

In August of this year, the High court issued a no-objection order for the attachment of several UMSC properties to facilitate the recovery of Kyabahwa's debt. Among the properties attached are: land at William street in Kampala, land at Old Kampala (plot 23 to 25), which includes the National Mosque, land at Kyanja, one square mile of land in Bukwe, Hoima, one acre of land on Lubas road in Jinja, a plot of land in Mbale city, shares in Uganda Ranches Limited and Commercial Holding Ltd, two square miles of land in Migyera, Buluri, and a plot of land in Entebbe opposite Victoria mall.

It's worth noting that the mosque has been excluded from the list of properties to be auctioned. Furthermore, on the same day that a panel of three judges from the Court of Appeal issued a stay on the auctioning process, President Museveni's letter to Owiny-Dollo requesting a personal review of the matter became public.

"I was most surprised to read in Mufti Mubajje's letter that among the Moslem properties to be affected is the National Mosque at Old Kampala!! Really!! What sane person, let alone a judge can make such orders? How can a mosque or church be attached for debts carelessly entered into by offi- cials of that faith?

"If there is no law protecting institu- tions of worship, then common sense is there. I, therefore, request you to review this matter yourself and see how to restore sanity...Mubajje alleges other examples of misconduct and collusion. You should study all those. What, however, provoked me was the audacity of attaching the National Mosque. The NRM freedom fighters and the government they head, cannot be associated with sick logic," Museveni's letter reads in part.

MUBAJJE MUST FALL

The president's letter was in response to a petition from the Mufti of Uganda, Sheikh Shaban Ramathan Mubajje, dated November 29. In his petition, the mufti expressed his concerns about the way the matter was being handled by the judiciary. A portion of Museveni's letter reads, "I had been aware of these disputes, but I had not given them my full attention because I believed that capable national institutions, especially the Judiciary under your leadership, were responsible for handling such issues."

There is a growing consensus among many Muslims in the country that Sheikh Shaban Ramathan Mubajje can no longer continue to hold the position of mufti of Uganda due to his tarnished reputation. While the current controversy stems from a 2020 land transaction, the inclusion of a 12 percent interest rate in the sales agreement, which caused the debt to skyrocket from a modest Shs 3.58 billion to nearly Shs 19 billion, became a breaking point for many within the Muslim community.

Many argue that a sheikh of Mubajje's stature and as a leader of the Muslim community should never have agreed to terms involving interest payments. Additionally, the prospect of auctioning the Gadafi National Mosque, which is one of Kampala's iconic landmarks, was met with widespread disapproval, leading many to conclude that Mubajje's tenure must come to an end.

Two weeks ago, prior to the removal of the mosque under intense pressure from the list of properties slated for auction, Hajji Moses Kigongo, the national vice chairman of the ruling NRM party, convened a gathering at his country retreat in Maya, located in Wakiso district.

This meeting brought together leaders and individuals from various Muslim groups, including Old Kampala, the Tabliqs, Bannakyewa, and others. Among its objectives, the meeting aimed to discuss the future management of Muslim affairs following Mubajje's tenure. Sources who have spoken with Kigongo, but have requested to remain anonymous, reveal that he is collaborating closely with the minister of Kampala, Minsa Kabanda, and they assert that Kigongo is operating with the full consent of President Museveni.

"It's evident to everyone that Mubajje's reputation has been severely tarnished; even President Museveni acknowledges this. However, Kigongo conveyed to us that Museveni's primary concern is not whether Mubajje should be removed but, rather, who should succeed him. That's the question at hand, not the desire to retain him," disclosed a source who had spoken with Kigongo and was granted anonymity to discuss private conversations.

There exists a perception among many Muslims that Mubajje's leadership is being bolstered by President Museveni. This perception is underscored by the significant military protection provided by the government to Mubajje personally, often seen deployed at Old Kampala mosque whenever Mubajje's leadership is under threat. However, according to another Muslim leader who has conversed with Kigongo, their primary concern is to allow Museveni to select a new Mufti for them.

"Clearly, we find ourselves in a catch-22 situation because removing Mubajje from the Muslim leadership necessitates involving Museveni. However, if we also allow Museveni to select our leader, it implies that we may end up with a government official rather than a leader representing the interests of Muslims in the country," explained the Muslim leader, who was granted anonymity to speak candidly about private conversations.

Some argue that it's this interpretation of Museveni's evolving stance towards Mubajje that led to the selection of Sheikh Abdallah Ssemmambo as the interim mufti on Saturday. Sheikh Ssemmambo has held the posi- tion of First Deputy Mufti since 2016. He was chosen to serve as interim mufti for a period of six months, during which time an investigation into Mubajje's involvement in the questionable sale of Muslim properties will take place.

According to another anonymous Muslim leader, the fact that an extraordinary General Assembly was allowed to convene at Gangu Muslim primary school in Wakiso district for three days without any security interruptions indicates a shifting dynamic on the ground.

"First, they obtained a court order authorizing this gathering. Second, they successfully mobilized over 180 members of the General Assembly to meet the quorum requirement. Third, there was no security presence to intervene, unlike in other situations where government interests are at stake. Clearly, all of these factors indicate that Mubajje's tenure is coming to an end," remarked the anonymous Muslim leader.

He went on to suggest that no one should be taken aback if Ssemmambo is accompanied by security personnel to Old Kampala to oversee Mubajje's eviction. Old Kampala remains steadfast in asserting that Mubajje is the legitimate mufti, and they view the proceedings at Gangu as a futile exercise, arguing that those who organized and convened the meeting lacked the authority to do so.

In an official statement, Dr Muhammad Lubega, the chairman of UMSC, contended that the individuals who filed the court petition are not recognized within their organizational structures and, therefore, any resolutions they reached should not be considered binding. It's noteworthy that Lubega himself was replaced as the chairman of UMSC by Isa Gule.

In an interview with The Observer, Sheikh Siraje Kifampa Nsambu, the secretary general of the Jumuyyiat Tabligh D'awa Assalafiya, commonly known as the Tabliq, expressed their belief that the time for Sheikh Mubajje's tenure as mufti of Uganda has concluded.

"Twenty-three years of Sheikh Mubajje's leadership are sufficient; he has accomplished what he could in that time. What remains undone after all these years is unlikely to be achieved, even if he were given another 20 years. We firmly believe it's high time for a change and to introduce new leadership into UMSC. When you gauge public opinion, the majority believe that Mubajje should either retire or be compelled to do so," Kifampa asserted.

He further stated that he fully supports the actions taken at Gangu to establish an interim leadership that will pave the way for new leaders.

"We cannot continue to have a religious leader who frequently appears in the news for lack of integrity. Our faith is built on principles of integrity, and our leaders should exemplify that. Clearly, Sheikh Mubajje has fallen far short of these standards," Kifampa remarked.

When contacted, Dr Muhammad Kiggundu Musoke, the spokesperson of the Office of the Supreme Mufti, commented, "The internal disputes within the Old Kampala leadership are their own concern."

He went on to emphasize that their approach to Muslim leadership is not profit-driven but, rather, a service to the Ummah.

"We view it as our responsibility to invest our resources in providing leadership rooted in the Qur'an and the Hadith," Kiggundu added.

He stressed that they operate as an independent leadership with a unique administration based on Islamic values and principles. Their primary aim is to restore the virtues of Islamic practice, and they consider themselves a distinguished class within the community.

The establishment of the Office of the Supreme Mufti in Kibuli in 2009 was a response to a previous dispute regarding the sale of Muslim properties, notably Masgid Noor located at William street in Kampala. Sheikh Mubajje, in collaboration with other leaders at the time, was involved in the sale of the mosque.

Mubajje vehemently denied having sold the mosque, a claim that was contradicted by a court ruling presided over by the then Buganda Road court magistrate, Margret Tibulya.

In her ruling, Tibulya affirmed that Mubajje had indeed sold the property, albeit in accordance with his legal authority, contrary to the arguments against him. It was the revelation that he had misled the Muslim community by denying the sale, which prompted those in opposition to him to form a separate leadership.

At that time, Sheikh Zubairi Sowedi Kayongo assumed leadership, who has since passed away. Kayongo was succeeded by Sheikh Silman Ndirangwa, who in turn was replaced by the current Supreme Mufti, Sheikh Muhammad Galabuzi.

mmkakembo@gmail.com

Uganda: Kikongo Plans Mubajje Exit

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