By Margaret Wokuri

31^st January 2011

It is imperative to clear the impression created by the New Vision that FDC had sought to block polls.  [See: New Vision; January 26, 2011]. FDC/IPC was not seeking to block polls but to compel the Electoral Commission [EC] to issue voter cards in compliance with article 59 of the constitution.  However IPC recognises the decision of the high court.

The decision to go to court over voter cards was based on a number of reasons.  The first is that by the time we filed this case, the EC had not yet released the photographic register.  But even after the register was released, there are many names without pictures.  Worse still, some pictures cannot be indentified!

The struggle for democracy continues

The Mwangushya ruling is not a cure to the electoral issues raised in our case.  The same ruling contradicts the contents of article 59 which states that the State has a duty to ensure that all citizens qualified to vote register and fully exercise their right to vote.  This ruling fails to guarantee the full participation of the 4million voters in question because their right to vote cannot be guaranteed in the absence of a voter card.

While we respect Justice Mwangushya’s ruling that the law does not demand for one to have a voter card, the history of this country speaks otherwise.  In 2006, many people were disenfranchised.  People checked and confirmed their names on the register during the display exercise but come voting day, they were turned away because the EC had mysteriously deleted their names.

In his ruling, Justice Mwangushya also advised that parties should be vigilant to identify persons that are not eligible voters in those particular places.  This again is a well considered view.  But according to the law, the final decision on who should vote is taken by the presiding officer.

For these reasons, the IPC has taken a decision to contest the ruling through a formal appeal.  In the short time left, it will be extremely difficult to restore voters’ confidence in the Electoral Commission.

The court’s directive to the effect that no voters’ cards are required for one to vote is the final nail in the 2011 election coffin.  END.  Please log into www.ugandacorrespondent.com every Monday to read our top stories and anytime mid-week for our news updates.

The writer is the IPC’s Director of Publicity & Communication