Kidandala sues DP over suspension

In a suit dated June 26, Kidandala says his suspension violated his constitutional right to a fair hearing, civil rights and freedom guaranteed under the Constitution.

POLITICS| DP |GENERAL ELECTIONS 

As the 2021 general elections draw nearer, suspended Democratic Party (DP) national organising secretary Sulaiman Sserwadda Kidandala has petitioned court to reinstate him.

In a suit dated June 26, Kidandala says his suspension violated his constitutional right to a fair hearing, civil rights and freedom guaranteed under the Constitution.

Kidandala says he issued the party electoral roadmap for 2019/2021, which was approved by the national executive committee (NEC) and national council, but he was illegally suspended on February 14, this year.

 "The DP was supposed to hold grassroots elections starting January 30 ahead of the 2021 general elections and I was supposed to oversee the printing and distribution of electoral materials to all districts in Uganda," Kidandala said.

Through Lukwago and Company Advocates, Kidandala accuses the party's NEC members of turning themselves into the disciplinary committee and complainants at the same time. He says this is not only unfair, but also in total breach of the Constitution.

"The decision of the respondent (DP) in suspending me tantamounted to harsh, inhumane and degrading treatment and in contravention of Articles 29, 38, 42, 43 and 44 of the Constitution", Kidandala added.

DP President Norbert Mao.

 Kidandala says the party's NEC is not properly constituted since there is no substantive national chairman, secretary general, national treasurer, deputy women leader and two regional representatives and hence could not have suspended him.

He points out that crucial NEC members such as the party national legal adviser and the national publicity secretary were also absent.

What Kidandala wants

Kidandala wants court to issue a permanent injunction restraining DP president general Nobert Mao, his agents and legal representatives from implementing the NEC decision suspending him.

He wants the party's NEC to be stopped from further exercising any disciplinary functions before filling the vacant positions. Kidandala accuses Mao of illegally blocking the party roadmap he had issued.

"Mao usurped my powers and instead directed that the exercise of printing out and distributing such materials should be manned by the DP secretary general, Gerald Siranda, contrary to the party's constitution," Kidandala claims.

He argues that he was prejudiced by NEC resolution suspending him since he was prejudged without a fair hearing. The deputy registrar of the Civil Division of the High Court has given DP 15 days to file its reply in regard to the allegations.

Kidandala's other woes

In 2014, Kampala Lord Mayor Erias Lukwago relieved Kidandala of the position of deputy lord mayor over alleged betrayal. Early this month, High Court Judge Musa Ssekaana dismissed a case in which a crosssection of party members had sued Mao. The court ruled that they had sued a non-existent party dubbed ‘Democratic Party Uganda'.

Erias Lukwago
Erias Lukwago