Court orders proper service in case challenging Mubaje’s re-election
By Abdul-Wahid Kakande
The High Court in Kampala on Monday directed the four Muslims challenging the re-election of the Mufti of Uganda Sheikh Shaban Ramadhan Mubaje to serve all the 45 respondents in the case with the court papers before their case is heard.
Presiding over the matter, Justice Emmanuel Baguma of the Civil Division of the High Court noted that the applicants had not fulfilled the required service procedures.
He ordered that proper service be effected by April 16, rescheduling hearing of the case to April 28, 2025.
In a judicial review application, Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora and Musa Kasakyaargue that having served for more than 24 years far beyond the 10 years provided for under the new UMSC constitution, Mubaje is stopped from being re-elected as per articles 5 and 29(12) of theUganda Muslim Supreme Council constitution.
They argue that Mubaje is not eligible for re-election for another term after turning 70 years having served for more than ten years before the amendment of the UMSC constitution.
The four want the court to issue an order prohibiting Mubaje from further serving as the Mufti of Uganda.
The applicants also want the court to issue an order of certiorari quashing the resolutions that had been allegedly made by the UMSC organs extending the term of Mubaje as the Mufti of Uganda for another term of five years.
They are also seeking an order of mandamus directing the college of eminent sheikhs to commence the process for electing and vetting the new Mufti of Uganda as provided for under the new UMSC constitution.
In an affidavit accompanying the application, Kasakya argues that failure by the college of eminent sheikhs to conduct a process of electing new Mufti contravenes the mandatory provisions of the UMSC constitution as amended 2022 and the basic principles of good governance.
What others say
Ali Ndawula Ssekyanzi, the former Bamunanika County MP and also the chairman of Luweero Muslim district argues that Mubaje’s stay in office after celebrating his 70th birthday violates the UMSC constitution.
Citing article 5(9) and 29(12) of the UMSC constitution, Ndawula argues that sheikh Mubaje does not qualify for another term having served for over 24 years before the UMSC constitution was amended in 2022.
Ali Kankaka, the ex-Uganda Muslim Lawyers Association (UMLAS) president who was part of the team that spearheaded the amendment of UMSC constitution argues that Mubaje does not qualify for renewal and if so, it would be contrary to the muslim constitution.
Kankaka argues that the new UMSC constitution puts a cap on officers of UMSC including the Mufti who have been in service for 10 years and above before the inauguration of the new constitution from being elected upon expiry of their term of office.
Hajj Abdul Kiyimba, the ex-Kyengera town council mayor and also a member of UMSC general assembly argues that the five years which have been granted to Mubaje and Waiswa are not provided for under the UMSC constitution and they are thus in office illegally.
UMSC constitution
The constitution provides that a mufti shall serve for one term of 10 years and one qualifies to be elected mufti if he is a Sunni Muslim aged between 40 years and not exceeding 75 years with a master’s degree in sharia law or its equivalent.
This literally implies that only Sunni Muslims aged 40 to 65 years who possess the requisite academic qualifications are eligible to be elected as the Mufti of Uganda.
