KAMPALA.
Lawyers representing Uganda Muslim Supreme Council (UMSC) have defended the embattled Mufti of Uganda Sheikh Shaban Ramadhan Mubajje arguing that a group of Muslim clerics challenging his re-election for five more years are not interest in muftiship.
In an affidavit in support of UMSC, Mubajje, his deputy Sheikh Muhammad Ali Waiswa, the UMSC national chairperson Prof. Muhammadi Lubega Kisambira and three others, Mr Muhamad Ali Aluma .the deputy secretary in-charge of finance and administration at UMSC explain that the application is improperly before the court and is an abuse of the court process as the applicants had not exhausted all the available internal mechanisms provided for under the 2022 UMSC constitution.
“The matter before the court is purely a religious question which can only be resolved through the internal religious mechanisms and they have no substantial interest in the positions of the Mufti and the Deputy Mufti to warrant bringing this application,” Mr Aluma stated in his affidavit.
Adding “The decision of Majlis AI-Ulama is not amenable to judicial review as they do not exercise quasi-judicial functions. The applicants have not demonstrated any procedural impropriety or any wrongdoing committed by the Majlis Al-Ulama in arriving at its decision.
Mr Aluma further states that after the Secretary General of UMSC became aware that the tenure of the Mufti and his deputy was to expire March 13, 2025, he was notified before members of the Joint Session Organ comprising of Executive committee and Majlis Al Ulama were invited to convene and discuss the re-election of Mubajje and Waiswa .
“The Majlis Al-Ulama organ by consensus using its powers vested to it by the constitution of the 1st respondent did convene a special meeting to discuss the selection and election of the Mufti and the deputy and in a special meeting vetted and selected Mufti Mubajje and his deputy Waiswa,” Mr Aluma explained
Court documents further indicate that Mubajje was elected under the old constitution of UMSC which was amended in 2022 to provide that the maximum age for the position of mufti is between 40 to 75 years.
It was further stated that there is no finding of any court of law or commission of inquiries where Mubajje was found guilty of mismanagement and misappropriation of Muslim properties and that the applicants shall be put to strict proof.
In the main case, four Muslim clerics including; Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya petitioned the court challenging the re-election of Mubajje to whom they accuse of being too old to hold the office, having exceeded the mandatory retirement age of 70 years, as stipulated in the 1987 UMSC Constitution.
The group that sued UMSC and 40 others contend that Mubajje has been at the helm of the highest office in Islam in Uganda for 24 years since his election to office on December 11, 2000, thus exceeding the 10-year tenure that the UMSC constitution prescribed for anyone holding the office of Mufti.
They further contend that several commissions of inquiries have found Mubajje guilty of misappropriating UMSC properties hence his ineligibility for reconsideration.
According to the petitioners, transparency and accountability are critical for the efficient functioning of a modern institution like UMSC.
Justice Emmanuel Baguma adjourned the court proceedings to April 28 to allow the aggrieved Muslims serve the other 34 accused persons.
On his part Ashraf Zziwa , the UMSC spokesperson described the adjournment of the case as big blow to the anti-Mubajje group .
“In the earlier case, lawyers for Musa Kasakya’s team failed to explain why they hadn’t served most of the respondents with court summons by the time of the hearing. The judge directed them to do so before the next court hearing, which is scheduled for April 16, 2025.
The individuals involved in the case left the court visibly disappointed after making loud propaganda announcements about their cases on various radio stations in Kampala.” He said