Magomu v The Electoral Commission and Anor (HCT-04-CV-CA 78 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court held that a person convicted under section 19 of the Anti Corruption Act 2009 is disqualified under section 46 from holding public office for ten years. A district councillor holds a public office within the meaning of the Act. The Act must be interpreted purposively to give effect to its anti-corruption mandate. The 2nd Respondent's prior conviction for embezzlement disqualified him from standing for election. The appeal was allowed, the election nullified, and the appellant declared the duly elected councillor.
Outcome
Election nullified; appellant declared duly elected councillor
Facts
The appellant and 2nd respondent contested directly elected councillor elections for Bukonde Sub-county held on 24 February 2016. The 2nd respondent won with 1789 votes against the appellant's 1538 votes. The appellant filed an election petition challenging the election on the ground that the 2nd respondent was disqualified from participating in the election. On 28 February 2013, the 2nd respondent had been charged with embezzlement contrary to section 19 of the Anti Corruption Act 2009, pleaded guilty, and was fined UGX 1,000,000 which he paid. The Chief Magistrate dismissed the petition, holding that section 46 of the Anti Corruption Act did not apply because elections were held under the Local Governments Act and the 2nd respondent was not a public officer within the meaning of the Anti Corruption Act. The appellant appealed.
Issues
- Whether the appeal was competent in the absence of an extracted decree or order.
- Whether the 2nd Respondent was qualified to stand for election as a Local Government Councillor at the time of nomination and election.
- Whether section 46 of the Anti Corruption Act 2009 disqualified the 2nd Respondent from holding public office following his conviction under section 19 of the same Act.
- Whether a district councillor holds a 'public office' within the meaning of the Anti Corruption Act 2009.
Orders
- Appeal allowed.
- The judgment and orders of the learned trial Magistrate are set aside.
- The 2nd Respondent's election is nullified.
- The Appellant is declared the duly elected councillor having obtained the next highest votes.
- Costs to the appellant in the appeal and in the court below.
Rules and key headnotes
Legislation cited (6)
Cases cited (10)
- Fr. Narsensio Begumisa and 3 Others v Eric Kibebaga (Supreme Court Criminal Appeal No. 17 of 2002)
- Henry Kasambwa v Yakobo Rutarehamba (High Court Civil Appeal No. 10 of 1998)
- Ext. Mary Namatovu & Anor. V. Noel Grace Shalita S (1992-93) HCB
- Yoana Yakuze v Victoria Nababembe (High Court Civil Appeal No. 10 of 1989)
- Re Christine Namatovu Tebajukira (1992-93) HCB
- Oundo Sowedi & Anor v Ouma Adea (Consolidated Election Petitions No. 18 & 19 of 2016)
- Dr. Amutuhaire Willington & Ors v KCCA & Ors (Miscellaneous Application No. 92 of 2016 / Miscellaneous Application No. 66 of 2016 consolidated)
- Heydon's case
- Attorney General v Major Gen. David Tinyefunza (Constitutional Appeal No. 1 of 1997)
- Barnes v. Jarvice (1953) 1 WLR 649
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.