The College of Eminent Sheikhs (Majlis Al-Ulama) in Uganda has extended the tenure of Mufti Sheikh Shaban Mubajje by five years, despite controversy surrounding the move.
Mubajje, who has led the Uganda Muslim Supreme Council (UMSC) for 24 years, was expected to retire after reaching the mandatory age of 70, as stipulated by the 1986 UMSC constitution.
However, UMSC chairperson Prof Muhammadi Lubega Kisambira stated that legal advisors had found no constitutional contradictions to Mubajje seeking another term under the new 2022 UMSC constitution.
“In their report to the Joint session, Majlis Al Ulama informed that with the help of the UMSC lawyer Dr Makmot Adam Kibwanga, they found no constitutional contradiction to consider Dr Shaban Ramadhan Mubajje,” he said.
Prof Kisambira emphasised that the decision was based on the need for continuity and stability, allowing for a smooth transition of UMSC leadership.
“Ultimately, they chose to select Sheikh Dr Shaban Ramadhan Mubajje as the new Mufti of Uganda and Sheikh Muhammad Ali Waiswa as the First Deputy Mufti of Uganda. These will be new terms under the new constitution and not an extension,” he said.
Sheikh Waiswa, Mubajje’s right-hand man, has been working with him for two decades. However, the move has been met with opposition from some Muslim elites, who argue that the extension is unconstitutional.
A judicial review application was filed at the Civil Division of the High Court in Kampala, challenging Mubajje’s eligibility for another term. Justice Emmanuel Baguma set March 19 to start hearing the case, warning that if UMSC organs endorse Mubajje for another term during the pending case, the decision will be nullified.
Despite the controversy, Kisambira maintained that the UMSC is free to continue its operations as usual. “We as UMSC did not go to court, and are free to continue with our business as usual. There is no injunction or order stopping any happening at UMSC or in our operations,” he said.
City lawyer Ali Kankaka, who was part of the team that drafted the new UMSC constitution, argued that the five-year extension granted to Mubajje is not provided for in the constitution. “Under the new UMSC constitution ratified in July 2022, which is currently being challenged in court, the Majlis Al Ulama has powers to vet and elect a Mufti when the position falls vacant, and the general assembly is simply informed ‘for noting’,” Kankaka said.
The Majlis Al Ulama falls under the UMSC Director of Sharia.
Past muftis of Uganda since the formation of UMSC :
-Sheikh Maulana Matovu (1972-1974 )
-Sheikh Yusuf Matovu (1994-1978)
-Sheikh Kasiim Mulumba (1979-1983)
-Sheikh Abdul Obeid Kamulegeya (1983-1985)
– Sheikh Kasiim Mulumba (1985-1986)
-Sheikh Hussein Kakooza (1988-1991)
-Sheikh Saad Luwemba (1991-1997)
-Sheikh Muhammad Ssemakula (1997-2000)
-Sheikh Shaban Mubajje (2000 to date )
DAILY MONITOR.
