By KT Reporter
The High Court in Mbarara has set September 8th to deliver its ruling on five points of law raised in a case where three members of the Democratic Party (DP) are challenging the party president general, Norbert Mao, and his leadership.
The applicants — Edith Byanyima, Julius Dumba, and Henry Kasozi Lameck Kamya — filed for a judicial review against the Democratic Party, Mao, and six others: Gerald Seranda Blacks, Kennedy Mutenyo, Herbert Rutagwera, Dr. Kiwanuka Mayambala, Sempala, Fred Mukasa Mbidde, and the Electoral Commission.
During the first hearing, the respondents, through lawyer Denis Nsubuga, raised five points of law and asked the court to dismiss the case. They argued that the applicants lack sufficient and direct interest in the matter, the application is not amenable to judicial review, internal remedies were not exhausted before filing, the application is time-barred, and that the applicants have no cause of action against the Electoral Commission.
In response, the applicants’ lawyer Isaac Ayebazibwe, insisted his clients are DP members with sufficient interest in how the party is run. On the question of time, he argued that the applicants are only permitted to challenge decisions made within three months, and since the decisions were gazetted on April 25th, they fall within the required timeframe.
He further noted that since his clients are not members of the DP National Executive Committee, they could only know of the decisions after gazettement. After listening to both sides, Justice Allan Nshimye adjourned the matter to September 8th for ruling.
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