Africa-Press – Uganda. High Court Judge Richard Wejuli Wabwire early this week proposed a cap on the legal costs for losers of election petitions. Justice Wabwire observed that there is a growing tendency by courts to condemn the losing parties in election petitions to hefty legal costs.
This, he said, is a tool to keep away the would-be potential political candidates as many are scared to contest fearing huge costs in case they lost out.
While awarding costs to the losing parties in poll petitions, the judges cite the Supreme Court decision in Dr Kizza Besigye Vs President Museveni 2001 presidential election petition which held that “ordinarily, costs are awarded to a successful party unless for a good reason, the court orders otherwise.”
But due to the huge legal costs, some losing parties that have been unable to pay are arrested while others have opted to fundraise to clear the costs.Some candidates have even sold off their assets and taken loans after having spent their all in highly monetised election campaigns. In the worst scenarios, many poll petition losers have been sent on remand at civil prison for six months.
Justice Wabwire observed that legal costs are not supposed to be punitive but to indemnify the successful party for the expenses incurred in defending or prosecuting the petition.
We totally agree with Justice Wabwire’s proposal to put a cap on poll petition costs. It is evident that huge legal costs lock out honest, hardworking and good leaders.
However, the judge’s recommendation remains a proposal until the Members of Parliament pick it up and cause amendments in the electoral laws.
On the other hand the proposal for a cap on legal costs could be frustrated by the incumbent legislators since the law in its current state works best for them as they are the ones with money and are able to pay legal costs in case they lost.
If we are to ensure fairness in election exercise, Justice Wabwire’s proposal should be considered and strongly supported. If adopted and implemented, the cap will see a few politicians taken to the congested civil prison at Luzira for failing to pay the legal costs. Additionally, many people would embrace and compete in the election exercise, and in the end the electorate would have a variety of qualified leaders to choose .
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