High Court fixes hearing date for Mubaje re-election case

___________________

The Civil Division of the High Court in Kampala has set March 19, 2025, to start hearing the case in which a group of Muslims are seeking a declaration that Mufti of Uganda Sheikh Shaban Ramadhan Mubaje is not eligible for re-election after turning 70.

Justice Emmanuel Baguma fixed the date on March 12 after Uganda Muslim Supreme Council (UMSC) lawyers, led by Musa Kabega, asked court for more time arguing that they were served late with the court papers and were, therefore, unable to peruse them and prepare their defence to the allegations.

Kabega said they were served 30 minutes before the court session, prompting the judge to adjourn the case to March 19.

Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora and Musa Kasakya filed the case against Mubaje and the 43 members of the UMSC management, Majlis Ulama (college of eminent sheikhs) and joint session on March 7.  

While Byansi and the group, through their lawyer Farouq Kizito Kamulegeya had asked the judge to issue an interim order stopping Mubaje from swearing arguing that he was planning to swear in himself to circumvent the court case, the judge declined to issue the order in absence of proof but warned that if he does so in the pendency of the case, the same will be nullified.

Commenting on the matter, UMSC spokesperson Ashraf Zziwa Muvawala, said the adjournment of the case marked an initial procedural victory for their legal team.

Mubaje, who came into office in December 2000, turned 70 on March 12 and this would send him to retirement under the old UMSC constitution which brought him into office.

However, the constitution was amended in 2022 enlarging the retirement age of the mufti to 75 years sparking controversy within the Muslim community.

Byansi and the group argue that having served for more than 24 years far beyond the 10 years provided for under the new UMSC constitution, Mubaje is estopped from seeking re-election as per articles 5 and 29(12) of the Muslim constitution.

The four want the court to issue an order prohibiting Mubaje from further serving as the Mufti of Uganda.

The applicants also want the court to issue an order of certiorari quashing the resolutions that had been allegedly made by the UMSC organs extending the term of Mubaje as the Mufti of Uganda for another term of five years.

They are also seeking an order of mandamus directing the college of eminent sheikhs to commence the process for electing and vetting the new Mufti of Uganda as provided for under the new UMSC constitution.

In an affidavit accompanying the application, Kasakya argues that failure by the college of eminent sheikhs to conduct a process of electing a new Mufti contravenes the mandatory provisions of the UMSC constitution as amended in 2022 and the basic principles of good governance.

What expert say

Ali Kankaka, the ex-Uganda Muslim Lawyers Association (UMLAS) president who was part of the team that spearheaded the amendment of UMSC constitution, argues that Mubaje does not qualify for renewal and if so done would be contrary to the Muslim constitution. 

Kankaka argues that the new UMSC constitution puts a cap on officers of UMSC, including the Mufti, who have been in service for 10 years and above before the inauguration of the new constitution from being elected upon expiry of their term of office.

Mubaje’s reign

Mubaje’s leadership ever since he ascended to power has been characterised by conflicts and legal battles, but he continues to manoeuvre like a film star. 

Under his leadership, he majorly boasts of sweet-talking President Yoweri Museveni to convince ex-Libyan President Col Muammar Gaddafi to build the Gaddafi national mosque, which project had stalled for decades.

However, he also been accused of selling off several Muslim properties with the recent one being the Ssembabule Muslim land which was sold to businessman Justus Kyabahwa about two years ago. 

Who is Mubaje? 

Born in Bungokho in Mbale district, Mubaje has been at the helm of the Muslim body for over 24 years.

He holds a bachelor’s degree in Sharia Law and a master’s degree in religious studies from Makerere University.

Before he was elected the Mufti in December 2000, Mubaje served as the Mbale district kadhi.