Luwero Muslim district boss suspended over anti-Mubaje protests

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Luwero Muslim District Council chairman under the Uganda Muslim Supreme Council (UMSC), Ali Ndawula Ssekyanzi, has been suspended for leading protests against the re-election of Mufti of Uganda Sheikh Shaban Ramadhan Mubaje.

A statement issued by UMSC spokesperson Ashraf Zziwa Muvawala indicated that Ssekyanzi was suspended for unlawfully mobilising the public, particularly the Muslim community, to protest against the decision of the Majilis al-Ulama (College of Eminent Sheikhs) to re-elect Mubaje for another five-year term after he turned 70.

Muvawala revealed that Ssekyanzi was suspended by Luwero district Kadhi Sheikh Ramadhan Twaha Mulindwa after the kadhi received a petition dated March 21, signed by sixteen Joint District Committee members, impeaching him from office in line with the UMSC constitution.

Ssekyanzi is now required to appear before a committee within seven days. If found not guilty, he may be reinstated; if guilty, he faces permanent dismissal.

According to Muvawala, Ssekyanzi faces charges of misrepresenting the Luwero Muslim District Council and violating the UMSC constitution for personal gain. As per UMSC procedures, impeachment results in immediate suspension.

Two weeks ago, Ssekyanzi, accompanied by a group of Muslims, petitioned Parliament, calling for Mubaje’s isolation.

In the petition, Ssekyanzi and his group claim that Mubaje’s stay in office beyond his 70th birthday violates the UMSC constitution, which was amended in 2022 with government funding of approximately sh2 billion appropriated by Parliament.

Citing articles 5(9) and 29(12) of the UMSC constitution, the group argues that Mubaje does not qualify for another term, having already served for over 24 years before the amendment.

The amended UMSC constitution states that a Mufti shall serve one 10-year term and must be a Sunni Muslim aged between 40 and 75, with a master’s degree in Sharia law or its equivalent.

This means only Sunni Muslims aged 40 to 65 with the required academic qualifications are eligible to be elected as the Mufti of Uganda.

Ssekyanzi contends that the College of Eminent Sheikhs acted illegally when it extended Mubaje and his deputy Sheikh Muhammad Ali Waiswa’s tenure for another five years after Mubaje turned 70, arguing that such an extension is not provided for under the UMSC constitution.

Meanwhile, another group of Muslims has taken legal action, suing Mubaje, Waiswa, and 42 members of the UMSC management, the College of Eminent Sheikhs, and the Joint Session. They seek a court declaration that Mubaje is ineligible for re-election after turning 70.

In their judicial review application, Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya argue that Mubaje has already served over 24 years—far exceeding the 10-year limit set in the amended UMSC constitution—and is, therefore, ineligible for another term under Articles 5 and 29(12).

The four applicants want the court to issue an order prohibiting Mubaje from continuing to serve as Mufti.

They are also seeking an order of certiorari to quash the resolutions made by UMSC organs that extended Mubaje’s tenure for another five years.

Additionally, they are asking for an order of mandamus directing the College of Eminent Sheikhs to initiate the process of electing and vetting a new Mufti, as outlined in the amended UMSC constitution.

In an affidavit accompanying the application, Kasakya argues that the failure of the College of Eminent Sheikhs to conduct a new Mufti election contravenes the mandatory provisions of the 2022 UMSC constitution and the principles of good governance. The case is scheduled for hearing on April 24.

What experts say

Ali Kankaka, the former president of the Uganda Muslim Lawyers Association (UMLAS) and part of the team that spearheaded the UMSC constitutional amendments, asserts that Mubaje does not qualify for re-election.

Kankaka argues that the new UMSC constitution imposes a cap on officers, including the Mufti, who have served for 10 years or more before the new constitution’s inauguration, barring them from seeking re-election after their term expires.