High Court Halts Changes in UMSC Leadership Amid Legal Dispute

High Court Halts Changes in UMSC Leadership Amid Legal Dispute

dantty.com

The High Court in Kampala has issued an interim order directing all parties involved in a legal dispute concerning the Uganda Muslim Supreme Council (UMSC) to maintain the status quo pending the outcome of a judicial review.

The order was granted on Monday by Justice Bernard Namanya during a hearing of Miscellaneous Cause No. 065 of 2025.

The applicants are seeking judicial remedies including orders of mandamus, declaration, and injunction, filed under the Judicature (Judicial Review) Rules, S.I. No. 11 of 2019.

Respondents in the case include the UMSC, Mufti Sheikh Shaban Ramadhan Mubaje, Sheikh Muhamad Ali Waiswa, Sheikh Muhammad Bukenya, and 41 others.

The applicants were represented in court by lawyers Farouk Kizito, Rashid Kemulegeya, John Nsimbe Male, and Nasser Mubiru.

Counsels Moses Kabega and Isaac Kugonza appeared for the respondents. The court also recorded the presence of the second, third, and fourth applicants, along with the 13th and 43rd respondents.

“The parties shall maintain the status quo until the determination of Miscellaneous Cause No. 065 of 2025,” ruled Justice Namanya.

This directive effectively halts any changes to the leadership or administrative structure of the UMSC while the case is under judicial review.

The legal battle stems from a suit filed in March this year by a group of Muslims against the College of Eminent Sheikhs and the UMSC top leadership over the continued tenure of Sheikh Shaban Ramadhan Mubajje as Mufti of Uganda.

The petitioners Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora, and Musa Kasakya allege that the continued leadership of Sheikh Mubaje is unlawful, unfair, and irrational.

They argue that Sheikh Mubaje, who has served as Mufti since December 11, 2000, is ineligible for re-election.

According to the petitioners, Sheikh Mubaje reached the age of 70 which under the former UMSC Constitution was the mandatory retirement age for the Mufti.

Although the 2022 amended UMSC Constitution extended the retirement age to 75 under Article 5(5)(b), the petitioners contend that the amendment does not apply retroactively to Sheikh Mubaje’s current term.

They argue that the Mufti’s office should be declared vacant and accuse UMSC officials of failing to make formal arrangements for electing a new Mufti, thereby creating anxiety within the Muslim community.

The petition further claims that failure to initiate an electoral process violates the UMSC Constitution and undermines principles of good governance, amounting to abuse of office.

The applicants insist that, as Muslims and key stakeholders in the UMSC, they are entitled to a transparent and constitutional leadership transition.

They demand accountability from those in leadership, who they say swore an oath to serve the Muslim community with impartiality and integrity.

Dantty online Shop
0 Comments
Leave a Comment