Section 23: Challenging results of referenda

(1) Any registered voter supported by the signatures of not less than two percent of the total number of registered voters in Uganda may petition the High Court challenging the results of a referendum. (2) Where the referendum is in respect of a particular part of Uganda, the petition shall be by a voter registered in that part supported by the signatures of not less than two percent of the total number of registered voters from that part of Uganda. (3) For the avoidance of doubt, it shall be sufficient for the purposes of subsections (1) and (2), if the Commission ascertains whether the names of the persons who purport to have signed the petition appear on the National Voters Register for the purpose of the referendum. (4) The Commission shall, notwithstanding subsection (3), display the petition with the list of the names and signatures supporting the petition, in a public place in each polling station to which the referendum relates, for public scrutiny. (5) A person who claims that his or her name was included in the petition without his or her consent, or that the petition includes the name of a person who died before the date of the petition, shall lodge an objection in the prescribed form to the Commission. (6) The Commission shall, by notice in the Gazette, appoint a period of not less than fourteen days for the purpose of public scrutiny and lodging of objections under subsections (4) and (5). (7) If the Commission, upon inquiry into an objection lodged under subsection (5) is satisfied that the name of the person lodging the objection was included in the petition without his or her consent, or that the petition includes the name of a person who died before the date of the petition, the Commission shall not count that person as one of the persons supporting the petition. (8) A person who includes among the persons supporting a petition under subsection (2) the name of a person without the consent of that person, or who knowingly includes the name of a person who died before the date of the petition among the persons supporting the petition, commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both. (9) The results of a referendum may be challenged only on ground of non-compliance with the provisions of this Act or where applicable, the Parliamentary Elections Act, affecting the result of the referendum in a substantial manner. (10) For the avoidance of doubt, a referendum may be annulled under subsection (9) if the petitioner proves to the satisfaction of the High Court that- (a) there has been non-compliance with the provisions of this Act or where applicable, of the Parliamentary Elections Act; and (b) but for the non-compliance, the majority of the votes in the referendum could have been in favour of a side different from the side declared as the side with the majority by the Commission. (11) A petition under subsection (1) shall be in the prescribed form and shall be lodged in the High Court registry within thirty days after the referendum results are published in the Gazette. (12) The High Court may require the petitioner to deposit an amount of money as security for costs not being more than one-hundred currency points. (13) The High Court shall inquire into and determine the petition expeditiously and may for that purpose, suspend any other matter pending before it. (14) The High Court shall declare its findings not later than thirty days from the date on which the petition is filed. (15) Where no petition is filed within the time prescribed under subsection (11), or where a petition having been filed, is withdrawn by the person who filed it or is dismissed by the High Court, the declared results of the referendum shall conclusively be the final results of the referendum. (16) After due inquiry under this section, the High Court may- (a) dismiss the petition; (b) declare the published results to be incorrect and declare the correct results; (c) order the Commission to repeat the polling in any particular place or places; or (d) annul the referendum and order a new referendum to be held. (17) Subject to subsection (4), a referendum may only be annulled on the ground specified in subsection (9). (18) The High Court may, before coming to a decision under subsection (16), order a recount of the votes cast. (19) Nothing in this section confers on the High Court power to convict a person of a criminal offence when hearing a petition under this section. (20) Where it appears to the High Court, on hearing a petition under this section that the facts before it disclose that a criminal offence may have been committed, it shall make a report on the matter to the Director of Public Prosecutions for appropriate action to be taken and shall state in the report the name of the person, the nature of the offence and any other information that the Director of Public Prosecutions considers relevant and appropriate. (21) Where a referendum is annulled, a fresh referendum shall be held not later than ninety days from the date of the annulment. (22) The Chief Justice may, in consultation with the Attorney General, make rules providing for the conduct of petitions under this Act and may, where necessary, apply with or without modifications the provisions of any enactment.