Mufti Mubaje faces court battle over re-election bid

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A group of Muslims has taken the Mufti of Uganda, Sheikh Shaban Ramadhan Mubaje, to court, seeking a declaration that he is ineligible for re-election after reaching the age of 70.

Mubaje, who has served as Mufti since December 2000, turns 70 on Wednesday (March 12). Under the old Uganda Muslim Supreme Council (UMSC) constitution, this would mark his retirement. However, the new Muslim constitution stipulates that a mufti must be at least 40 years old and can serve a single term until the age of 75, sparking controversy within the Muslim community.

In a judicial review application filed at the Civil Division of the High Court in Kampala, Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya argue that Mubaje has already served for over 24 years—far exceeding the 10-year limit set by the new UMSC constitution. They cite Articles 5 and 29(12) as grounds for his disqualification.

The petitioners are asking the court to issue an order prohibiting Mubaje from continuing as Mufti of Uganda.

Mubaje is being sued alongside UMSC and 43 members of the UMSC management, joint session, and Majlis Ulama (College of Eminent Sheikhs), the body responsible for selecting the Mufti under the UMSC constitution.

Through their lawyers at Sewankambo and Company Advocates, the applicants also seek a certiorari order to nullify the UMSC resolutions extending Mubaje’s term for another five years. Additionally, they want an injunction stopping his planned swearing-in on Wednesday.

They are also requesting a mandamus order directing the College of Eminent Sheikhs to initiate the process of electing and vetting a new Mufti, as required by the new 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 violates the 2022 UMSC constitutional amendments and undermines principles of good governance.

"With the help and advice of our lawyers, we believe the respondents' failure to execute their duty of electing a new Mufti amounts to abuse of office and violates objectives (a, b, c, d, e, g) and Articles 28 and 29(5) of the UMSC constitution," Kasakya contends.

Kasakya further states that despite repeated efforts to seek clarification from the College of Eminent Sheikhs, their inquiries went unanswered, leaving them with no choice but to turn to the courts.

He also argues that while the courts previously ruled that disputes within the Muslim community should be mediated by the Muslim Arbitration and Conciliation Council (MAC), there is no publicly available information regarding the appointment, composition, or rules of MAC, making it an impractical avenue for resolution.

When contacted, UMSC spokesperson Ashraf Zziwa Muvawala welcomed the court challenge.

“This is not new. We shall meet in court and put them to strict proof, and we hope they will abide by the decision,” Muvawala said.

Legal perspectives

Ali Kankaka, former president of the Uganda Muslim Lawyers Association (UMLAS) and a key figure in amending the UMSC constitution, asserts that Mubaje is ineligible for re-election.

Kankaka argues that the new constitution imposes a 10-year service cap on UMSC officials, including the Mufti, who were already in office before the amendments took effect.

However, lawyer Mahir Kigula holds a different view, arguing that the new provisions apply only to future officeholders.

"In my opinion, the amendment does not apply to the current office bearer, including the Mufti, because they assumed office under the old terms. If Mubaje wishes to benefit from the new constitution, he must compete with others after his term expires, as leadership is contractual in nature," Kigula said.

Mubaje’s tenure

Since assuming office, Mubaje’s leadership has been marred by conflicts and legal battles.

His tenure is largely credited for persuading President Yoweri Museveni to convince former Libyan leader Col. Muammar Gaddafi to complete the long-stalled Gaddafi National Mosque project.

However, he has also faced allegations of selling Muslim properties, with the most recent being the sale of Ssembabule Muslim land to businessman Justus Kyabahwa about two years ago.

Who is Mubaje?

Born in Bungokho, Mbale district, Mubaje has led the UMSC 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 his election as Mufti in December 2000, Mubaje served as the Mbale district Kadhi.