Wakilii

Ssemwanga 31 Others v Democratic Party (MISCELLANEOUS CAUSE NO 59 OF 2020)

High Court · [2020] UGHCCD 196 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking certiorari, prohibition, declarations and injunction against the respondent's decision to halt and re-run internal party elections
Decision
Application dismissed with costs to the respondent

Observed later treatment

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Holding

The High Court dismissed the application for judicial review. The court held that the applicants failed to exhaust internal dispute resolution mechanisms within the Democratic Party before seeking judicial review, rendering the application premature and incompetent. The court further held that the National Executive Committee of the Democratic Party acted lawfully under Article 18(b) of the party constitution in taking over, halting, and organizing fresh elections in Makindye Ssabagabo Municipality following complaints of mismanagement and use of unauthorized electoral materials.

Outcome

Application dismissed with costs to the respondent

Facts

The applicants were elected leaders of the Democratic Party at village, parish and division levels in Makindye Ssabagabo Municipality through grassroot party structure elections. The respondent's Acting Secretary General halted the election process on the basis of petitions alleging mismanagement and use of unauthorized electoral materials. The National Executive Committee (NEC) of the Democratic Party, by resolution dated 14 February 2020, took over management of elections in Kampala, Mukono and Wakiso Districts. The NEC organized fresh elections through a normalization committee, which the applicants did not participate in. The party president swore in new leaders following the fresh elections. The applicants sought judicial review of the NEC's decision to halt the original elections and conduct fresh elections, alleging violation of their constitutional rights to participate in political affairs.

Issues

  1. Whether the applicants' preliminary objection that the respondent's affidavit in reply and supplementary affidavits were filed out of time should be upheld.
  2. Whether the applicants exhausted internal dispute resolution mechanisms before seeking judicial review.
  3. Whether the application is challenging elections and therefore not properly before court for judicial review.
  4. Whether the decision of the respondent in cancelling the results of the elections in Makindye Ssabagabo municipality was illegal.
  5. Whether the decision of the respondent in holding fresh elections in Makindye Ssabagabo municipality was lawful.

Orders

  • The applicants' preliminary objection that the respondent's affidavit in reply and supplementary affidavits were filed out of time is dismissed.
  • The respondent's second preliminary objection that the application is challenging elections is dismissed.
  • The application is dismissed on the respondent's first preliminary objection that the applicants failed to exhaust internal dispute resolution mechanisms.
  • The applicants are not granted the remedies sought.
  • The matter is dismissed with costs to the respondent.

Rules and key headnotes

Judicial Review — Exhaustion of Alternative Remedies — Internal Dispute Resolution Mechanisms
Where a public body or registered political party has internal dispute resolution mechanisms, an applicant must exhaust those mechanisms before seeking judicial review, and failure to do so renders the application premature and incompetent.
Judicial Review — Exceptions to Exhaustion of Alternative Remedies
The rule requiring exhaustion of alternative remedies before judicial review is discretionary, not mandatory, and courts may entertain judicial review in three exceptions: where the suit seeks enforcement of fundamental rights; where there is failure of principles of natural justice; or where orders or proceedings are wholly without jurisdiction or the vires of the Act is challenged.
Administrative Law — Political Parties — Powers of National Executive Committee
The National Executive Committee of a political party, empowered by the party constitution to supervise administrative machinery at all levels and enforce party decisions, acts lawfully when it takes over management of elections from district executive committees following complaints of mismanagement and use of unauthorized electoral materials.
Judicial Review — Electoral Matters — Scope of Review
Judicial review may issue in electoral matters where there are transgressions of law or abuse of authority, but not where the substance of the application challenges the merits of an election rather than the decision-making process.
Civil Procedure — Time Limits — Extension Due to COVID-19 Restrictions
Where government-imposed COVID-19 restrictions and court directives suspend normal court operations and restrict movement, delays in filing affidavits in reply beyond the prescribed 15-day period are excusable and do not warrant striking out the affidavits.

Legislation cited (17)

Cases cited (14)

  • Stop and See (U) Ltd v Tropical Africa Bank Ltd (Miscellaneous Application No. 333 of 2010)
  • Dr Lam-Lagord James v Muni University (Miscellaneous Cause No. 7 of 2016)
  • Hon Erias Lukwago & 13 Others v Electoral Commission & Others (High Court Miscellaneous Cause No. 431 of 2019)
  • Kitgum Municipal Council & Others v Suzan Adokorach & Others (Civil Appeal No. 83 of 2019)
  • Canadian Pacific Ltd. v. Matsqui Indian Band [1995] 1 SCR 3
  • King vs. Postmaster-General; Ex parte Carmichael, [1928]1 KB 29
  • Rex v. Wandsworth Justices; Ex parte Read, [1942]1 KB 281
  • Democratic Party v Senkubuge Rajab (Miscellaneous Application No. 167 of 2020)
  • National Drug Authority & Another v Nakachwa Florence Obiocha (Civil Appeal No. 281 & 286 of 2017)
  • Sewanyana Jimmy v Kampala International University (High Court Miscellaneous Cause No. 207 of 2016)
  • Fuelex Uganda Ltd v Attorney General & 2 Others (High Court Miscellaneous Cause No. 48 of 2014)
  • Micro Care Insurance Limited v Uganda Insurance Commission (Miscellaneous Cause No. 218 of 2009)
  • Preston vs IRC [1995] 2 All ER 327
  • Classy Photo Mart Ltd v The Commissioner Customs URA (Miscellaneous Cause No. 30 of 2009)

Full judgment

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Ssemwanga 31 Others v Democratic Party (MISCELLANEOUS CAUSE NO 59 OF 2020) 2020 UGHCCD 196 (18 September 2020)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.