The Minister of Justice and Constitutional Affairs, Mr Norbert Mao, has warned the Electoral Commission (EC) and the security forces against enforcing a directive that bars voters from remaining at polling stations after casting their votes.
The warning comes after the EC and the Chief of Defence Forces (CDF), Gen Muhoozi Kainerugaba, warned voters, especially the Opposition supporters, against remaining at the polling stations after voting.
Mr Robert Kyagulanyi, alias Bobi Wine, the National Unity Platform (NUP) presidential candidate, had directed his supporters to vote and remain at the polling centres to protect their votes, a decision that drew swift response from the security forces and the EC that is mandated to manage the polls.
Mr Mao said there is no legality in the directives by both the EC and Gen Kainerugaba.
‘And for them, protecting the vote means they must watch every step and there is no law that stops you from watching every step. That’s why even our courts are open,’ Mr Mao said.
He explained that the law allows voters to witness the vote counting process regardless of their numbers, adding that the law must be respected.
‘The law says when the voting has ended, the presiding officer will count the ballots in the presence of voters who are present to witness. And it does not even say that those who should witness are 2, 5, 10 or 20. Even if a polling station has 500, if the 500 are interested in witnessing, the law does not stopped them from being around.
It’s very important that we implement the law as it is. Laws are not suggestions, laws are commands. So we should not create any anxiety in the minds of the public,’ he said.
Mr Mao warned that sending voters away from the polling stations only aggravates the suspicion of vote rigging and said such could attract legal actions from the citizens.
‘Nobody needs to tell me that go home. Now when you tell people to go home, you are activating unnecessary suspicion in the minds of the people. Remember based on the cases in court, there are many instances of rigging in our country. And the reason why people want to be with their witnesses is because they want to avoid that rigging,’ he said.
Warning
‘It may even be a ground for petitioning the results of an election, that voters were denied the right to witness. Somebody may even demand a recount and say we never witnessed, so please come and count in our presence. So we need to avoid controversies,’ he added.
The EC and the security forces have spent much of the recent times warning Ugandans to desist from hanging around the polling stations after casting their votes.
Gen Kainerugaba warned Ugandans against staying at the polling stations after voting, adding that security forces would not tolerate those causing chaos and violence at polling stations.
‘The international observers will be present and so will the media. So, there is no need to hang around saying that they are protecting votes. The process will be transparent. Those who will try to cause trouble, as I have heard some people proclaim, will be dealt with swiftly and decisively with all the tools at our disposal, and in accordance with the law,’ Gen Kainerugaba said.
When the issue was taken to Parliament, the Attorney General, Mr Kiryowa Kiwanuka, reiterated the order. He however said a person who is 20 metres away is not at the polling station and therefore can stay, contrary to the demands by the EC and the army.
‘I can say without fear of contradiction that after voting, even you, the members of Parliament, you must not stay at the polling station,’ he said.
‘You are 20 metres away, that’s not the polling station. So we are telling you and you must encourage everyone not to stay at the polling station after voting. If you want, when you finish voting… you leave the polling station. 20 meters away, 100 meters, that’s perfectly fine, but not at the polling station,’ he added.
However, the EC says the 20 meter distance is difficult to enforce and therefor asked the voters to completely stay away from the polling areas after voting.
EC Chairman Justice Simon Byabakama said while the law provides for 20 minutes distance, its practicality is impossible to enforce.
‘Let the process of counting the votes be for the polling officials and the candidates’ agents or the observers, if any, who will be at that polling station. Please, let us respect the laws. Voter protector is alien in the electoral laws, it’s not a law. You have your agents, if you want voter protectors, your agents can play that role,’ he said.