Court okays deregistration of 10 'inactive' political parties

By Andante Okanya

THE High Court in Kampala has endorsed the Electoral Commission’s (EC) bid to de-register 10 inactive political parties for non-compliance with the law.

In a ruling delivered yesterday by the head of the court’s civil division Justice Stephen Musota, he stated that the non-compliance was a breach of public trust.

The record on the EC website shows that there are 38 political parties. However, the ruling implies that there are only 28 certified political parties in the country what have fulfilled all requirements.

The judge faulted the parties for flouting Section 9 of the Political Parties and Organisations Act, 2005(as amended).

He said the purpose of written declarations is to provide information that is useful to all stakeholders in the country’s democratisation process.

“These legal requirements must be taken seriously. They are not a mere formality. It is common knowledge that political parties influence the political process,” Musota said.

Adding: “Therefore, they must be law abiding. Competing for political power requires a party to respect the rule of law.”

The 10 blacklisted parties are Progressive Alliance Party (PAP); registered April 13, 2005), Bridge Party (BP); registered October 13, 2005), National Redemption Party (NRP); registered December 14, 2005, and Action Party (AP); registered December 15, 2004.

Others are Uganda Mandate Party (UMP); registered March 22, 2005, and New Order Democracy (NOM; registered October 15, 2005), and People's Independent Party (PIP); registered April 7, 2004.

Also included are, Movement for Democratic Change (MDC); registered July 28, 2004, Movement Volunteers Mobilisers Organisation (MVMO); registered March 22, 2005, and Reform Party (RP); registered March 22, 2005.

The case arose last year on July 16, when the EC petitioned court, seeking permission to de-register the parties over alleged inactivity. The electoral body asserted that the parties had not updated their profiles in the commission's records.

The EC contended that the 10 political parties had not submitted to the commission a written declaration stating their source of funding and other assets, as required by law.

Of all the blacklisted parties, it was only the MVMO, RP, and MDC that responded to the court summons.

The rest stayed away from all court proceedings, and the judge stated that their silence was an indication that they did not oppose EC’s move to have them de-registered.

For the three that responded, the judge stated that the affidavits of their leaders did not contain annexures to back their claims of compliance. 

Party presidents Apollo Nyabongo (MVMO), and Johnson Mutiibwa (MDC) were present in court. The EC was represented by its head of legal Eric Sabiiti, while Fred Masaba appeared for the Attorney General.

Court documents show that in a letter dated May 2, 2013, the EC secretary Sam Rwakoojo, informed the secretary generals of the listed parties of imminent de-registration.

He also castigated them for failing to hold delegates conferences to elect executive members.

Rwakoojo noted that Section nine of the Political Parties and Organisations Act, 2005, requires that every political party within 60 days after expiry of the first year, and after issuance of certificate of registration, to submit to EC its updated records.

Speaking to New Vision outside court shortly after the ruling, both Nyabongo and Mutiibwa expressed dissatisfaction with the ruling and vowed to petition the Appellate Court.

However, Sabiiti said the ruling was unprecedented and a wakeup call for political; parties that take the public for granted.

“This is an indictment, and an indicator to the remaining political parties that in the event that they do not comply, the threat of de-registration is very real,” Sabiiti said.

Deputy spokesperson of the NRM Ofwono Opondo told New Vision that it is incumbent upon political parties to work within the confines of the law.

“Parliament passed a law under which political parties must operate. If there are parties that have not complied, then the law should apply,” Opondo said.