Uganda Catholic Lawyers’ Society Statement on the NRM Scheduled Delegates Conference.

14. November 2014,  Kampala.

We, the Uganda Catholic Lawyers Society, in recognition of our profession and conscious of our manifest obligation to put our knowledge, talent and legal professional skills to the service of the Ugandans and aware that Rule of Law andConstitutionalism are the cornerstone of democracydo hereby advise and guide the nation that NRMNational Delegates Conference Scheduled to take place on the 15th day of December 2014 at Mandela National Stadium Nambole would be illegal and therefore null and void in the eyes of the law if the following issues are not addressed before it is held;

1. The resolution by Central Executive Committee (SEC) of the NRM last night that the Constitution of NRM should be changed or altered to the effect that the Secretary General of the NRM party should not be elected but appointed the chairman of the party is unconstitutional and illegal as it contravenes Article 71(d) of the Constitution which makes it mandatory that all members of the national organs of a political party shall be electedand not appointed.

2. The notice dated the 5th day of October 2014which has appeared in various newspapers to the effect that the NRM party intends to change or alter its constitution during its said National Delegates Conference and calling for members’ views on the same is illegal and therefore null and void for the reason that it has been issued and signed by Hon. Dorothy Huhya who is a civil servant (Uganda’s High commissioner to Tanzania) and this contravenes Section 16 of the Political Parties and Organizations Act 2005.

3. The intended change or alteration of the NRMconstitution and including it in the said notice as an agenda for National Delegates Conference is illegal as it has been done without notification of doing so to the Electoral Commission and without the Electoral commission publishing of the same in the Gazette is as required under section 11 of the Political Parties and Organizations Act 2005.

4. The following persons are actively involved in the preparations of the said delegates conference and are slated to attend the same in their capacities as holders various positions within the NRM yet they are Public Servants contrary to Section 16 of the Political Parties and Organizations Act 2005;

NAME POSITION IN PUBLIC SERVICE

1. Professor Mondo Kagonyera Chancellor Makerere University
2. Hon. Beatrice Wabudeya Presidential advisor
3. Abalo Lillian Ongom Presidential advisor
4. Mushemeza Elijah Presidential advisor
5. Ofwono Opondo Executive director Media Centre
6. Denis Namara Presidential advisor
7. Dorothy Hyuha High commissioner Tanzania
8. Rtd Major General Matayo Kyaligonza Ambassador to Burundi

5. NRM has been holding all its Central Executive Committee (SEC) meetings since inception including the one that resolved to convene the said scheduled National Delegates’ Conference at State House Entebbe or Nakasero which is an abuse of public resources and illegal as they contravene Articles 17(d) and 164(2) of the constitution.

6. During the NRM parliamentary caucus workshop in which President Museveni was recommended to the said scheduled National Delegates Conference as the for 2016 presidential elections all MPs who were in attendance were given and forced to wear the UPDF uniform contrary to Section 164 of the UPDF act.

7. The NRM’s continued use of the name “NATIONAL RESISTANCE MOVEMENT (NRM) ”as its political party name is illegal and in contravention of Section 8(c) of the Political Parties’ and Organizations Act, 2005 since“ NATIONAL RESISTANCE MOVEMENT {NRM) was declared to be a statutory body in the case of Ssemogerere v Attorney General.

From the above mentions ground its clear that the preparations and proceedings leading to the scheduled National Delegates’ Conference are tainted with illegalities and holding the said delegates conference without rectifying the said mischief complained of herein will make the said delegates conference and its proceedings not only illegal but void abnitio.

Jude Mbabaali (Advocate) Ssemwanga Fredrick (Advocate)
PRESIDENT SECRETARY

Jude Mbabaali (Advocate & Commissioner for Oaths)
(LLB)(MUK), BSc(MUK), Masters-Human Rights, Dip. Legal Practice(LDC).
President-Uganda Catholic Lawyers’ Society.
Managing Partner, Mbabaali Jude & Co. Advocates
1st Floor, Suite No. 14 Pope Paul (VI) Memorial Hotel Complex, Plot 786/7 Cardinal Nsubuga Rd, Rubaga, P.O. Box 14326, Mengo Kampala, Uganda.
Mobile Tel: +256 772 444 663. Office lines: +256 702 444 663, 0792444663.
Email:mbabaalij@yahoo.com.