Queries and requests for an analysis of the Uganda Muslim Supreme Council( UMSC) constitution have emerged following the suspension of the Mufti, Shiekh Shaban Ramadhan Mubaje. Over the weekend, a section of members of the UMSC General Assembly, which is the top organ of the Muslim body, conducted a special session, resulting in the suspension of both the Mufti, Sheikh Shaban Mubaje, and the UMSC National Chairperson, Prof. Mohammed Lubega Kisambira.
Their action followed a court order that granted authority to Babirye Yudaya, Burhan Namanya, and Hussein to organize a special session of the Uganda Muslim Supreme Council General Assembly. On December 12, a court order issued by Justice Faridah Shamilah Bukirwa Ntambi of Jinja High Court allowed the meeting to discuss the overall state of the Uganda Muslim Supreme Council. The order also imposed an immediate obligation to submit a report on the proceedings to the court.
“…let a special sitting of the General Assembly of the UMSC be immediately called to look into the affairs of the UMSC generally and immediately file a report before this Court: the said General Assembly should sit at any time and from time to time as the circumstances permit,” the court order reads in part. Normally, such gatherings are initiated by the Secretary-General of UMSC and are held at the UMSC headquarters. However, the court order, permitted any person designated by the petitioners, to convene the meeting.
“The said special General Assembly siting and/or sittings of the UMSC as directed by this Court shall be called by a person appointed by the Petitioners and the special General Assembly shall sit at a neutral venue,” the order reads. The court order specified that a neutral person, elected by the members during the initial session, would preside over the proceedings.
Sheikh Abdallah Ssemambo, the Deputy Mufti of Uganda, was subsequently elected to assume the role of Acting Mufti of Uganda. The meeting further launched an inquiry into the alleged sale and auctioning of Muslim mosques, including the National Mosque and as part of this investigation, Mufti Mubajje was suspended for six months to facilitate the commencement and conduct of the inquiry.
A committee was established to carry out the said investigations, comprising, Hajji Mudathi Dooka from West Nile, Musa Muyinda from Makindye, Zulaika Kamara, the Women Representative, Isa Gule from the Eastern region, Yasin Kakuru from Kigezi, Muzamul Nsimbi from Busoga, among others. The special sitting also went on to appoint Isa Gule as the new chairperson for the UMSC, leading to the suspension of Dr. Mohammed Lubega from his responsibilities. However, some members of the meeting observed irregularities in the election of Lubega.
Hadji Abbas Sekyanzi Muluubya, the UMSC General Secretary, has characterized the events of the sitting at Gangu Islamic schools as superficial. He argues that the proceedings during the special session of the general assembly deviated from the proper procedures stipulated in the UMSC Constitution.
According to Article Five of the council’s constitution, the removal of the Mufti from office can only occur through a joint session formed by the combined meeting of the Executive Committee and the Majlis Al-Ulama or the College of Sheikhs.
The constitution outlines six reasons that may lead to the removal of the Mufti, which includes if he becomes mentally unfit, is declared bankrupt under Ugandan laws, conducts himself in a manner unsuitable for his office, is convicted of a criminal offense, violates Islamic norms and national laws, tarnishing his public image according to the Majlis Al-Ulama’s opinion, or becomes incapable of performing his duties.
Article 11 of the same constitution outlines the impeachment process and offers an alternative avenue. It says for an impeachment to be initiated, a written petition in triplicate is required. It further says that the petition must bear the signatures of at least one-third of the members comprising the joint session. Hajj Muluubya added that UMSC is operating normally and officially recognizes only one Mufti, who is none other than Mubaje.
Before the weekend special meeting, an order was issued to the UMSC leadership, but it was rejected by the UMSC Advisory Council during its inaugural meeting on December 13. This council is composed of retired Muslim leaders, Muslim opinion leaders, experienced and seasoned Muslim leaders, eminent Sheikhs, and the current Mufti of Uganda, not exceeding twenty-one members.
Chaired by Obed Kamulegeya, the former Chief Khadi of Uganda, the council emphasized that before resorting to civil courts, Muslims should first exhaust internal mechanisms.
Hadji Muluubya asserts that the order was erroneously issued because the judge overlooked Article 17 of the UMSC, which outlines the provision for holding extraordinary sessions. He adds that the council has initiated processes to challenge the order and the activities stemming from it.
Article 17 of the UMSC says that the Secretary-General is responsible for convening an Extraordinary General Meeting of the Assembly upon receiving a memorandum signed by one-third of the members of the General Assembly, requisitioning such meetings. The article further stipulates that the meeting is to be convened with a seven-day notice, which is to be sent and published in electronic and print media.
URN.