This week, Daily Monitor published a story where the Electoral Commission chairman Badru Kiggundu was quoted as saying: "Rallies and processions are characteristic of a campaign, which is not allowed". He was meeting presidential aspirants and the question of disrupting Amama Mbabazi's consultations was a hot issue. Apparently, the EC chairman believes the consultations amounted to campaigns which have not officially been flagged off. In his view, therefore, Mbabazi can only consult a limited number of people, invited in advance and in a controlled environment such as a hotel.
Section 3 of the Presidential Elections Act falls under the heading "Mode of Election and Qualifications for Election of President". Clearly, consultations are part of the electoral process. An election is not an event but a process. Any provision in the Presidential Election Act must be read together with Chapter Four of the Constitution (Fundamental Human Rights). If this is done, it becomes clear that Kiggundu and those following his view are wrong.
In Dr Kizza Besigye vs Yoweri Museveni and Electoral Commission 2001, Odoki CJ (as he then was) laid down a most fundamental principle in respect of elections.
He stated: "An election is the mechanism whereby choices of a political culture are known. These choices should be expressed in ways which protect the rights of the individual... . An electoral process which fails to ensure the fundamental rights of citizens before and after the election is flawed." Read more
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