By Aggrey Baba
As the High Court prepares to begin hearing Fred Nyanzi Ssentamu’s election petition against NRM’s Madina Nsereko Ntale and the Electoral Commission (EC), the court has moved to establish ground rules for media coverage, particularly the recording and live streaming of proceedings.
The issue was among the key housekeeping matters raised before Justice Farida Bukirwa as the parties prepared to embark on the substantive hearing of the closely watched Kawempe South election dispute.
Nyanzi, the NUP candidate, is challenging Madina’s (NRM) victory, insisting that the EC declared the wrong candidate winner despite evidence which, according to his petition, shows that he garnered more votes.
Before the lawyers settled into the actual petition, however, the lead lawyer representing Nyanzi, counsel Alex Luganda, speaking on behalf of the legal teams, asked Justice Bukirwa to provide guidance on the role of the media during the proceedings.
Luganda said lawyers had encountered differing approaches in other courts and wanted clear directions on what journalists would be allowed to do, particularly when witnesses begin giving evidence.
His major concern was live streaming and recording of witnesses.
“If a witness is testifying and is being recorded, sometimes it can be distracting. Some people fear the camera,” Luganda told court.
He also raised concern about misinformation and manipulated material circulating on social media, saying lawyers and other participants could be portrayed negatively through material that does not accurately reflect what happens in court.
Luganda stressed that the legal teams were not seeking to shut out the media, but wanted safeguards against coverage that could interfere with witnesses or the proper conduct of the hearing.
He suggested that journalists could interview witnesses after they had completed their testimony, rather than recording them while they were still on the witness stand.
“The issue is about the live streamings of the sessions,” he said.
Kayondo Abubaker, part of Madina’s legal team, proposed that journalists covering the case be accredited, arguing that this would help the court identify authorized media practitioners and deal with any abuse of the agreed rules.
Lawyer Twesigomwe Marry also called for caution once witnesses begin testifying, warning that media reports must not distort evidence presented in court.
She further argued that journalists should be aware that they could be held responsible for misinformation arising from their coverage. Justice Bukirwa, in response, emphasized that the proceedings must be conducted with order, dignity and respect for the court.
The judge made it clear that the court would not allow activities such as unauthorized phone recording to interfere with the proceedings, particularly when witnesses are giving evidence.
The discussion came as the court was preparing for the substantive phase of Nyanzi’s petition, which seeks to overturn Madina’s election and, based on his claimed tally, have Nyanzi declared the duly elected Kawempe South MP.
The petition contains allegations of electoral irregularities, including disputed results and declaration forms, which the respondents are expected to contest during the hearing.
The media question was treated as part of the court’s preparations to ensure that the highly watched election dispute proceeds without unnecessary interference.
Justice Bukirwa also used the preliminary session to caution lawyers against turning disagreements between themselves into courtroom confrontations.
“As officers of court, please help the bench to limit the conversation to the issue,” she told the lawyers.
She urged counsel to maintain professional respect and dignity, saying disputes between lawyers and even court could be handled separately if necessary.
“If there’s an issue, we can go to chambers and resolve any issue. This is not a hearing for war,” Bukirwa said.
The legal teams also discussed ways of speeding up the petition, including agreeing on procedural matters beforehand, reducing unnecessary adjournments and filing agreed positions early so that court time can be concentrated on witnesses and cross-examination.
The matter was subsequently adjourned to September 30, when the parties are expected to return before Justice Bukirwa for further directions and to advance the substantive hearing of the election petition, including the management of pleadings, documents and witnesses.
With those preliminary issues being addressed, the court is now set to move into the substantive battle over who actually won the Kawempe South parliamentary election. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
