In a significant ruling on January 3, 2025, the High Court in Kampala directed the Uganda Muslim Supreme Council (UMSC) factions to resolve their disputes through arbitration, as provided for under Article 28 of the council’s constitution. Justice Douglas Singiza’s decision underscores the importance of adhering to established internal mechanisms to address conflicts.
The court overturned decisions made at a UMSC general assembly meeting in December 2023, where some members had sought to suspend the Mufti of Uganda, Sheikh Shaban Ramadhan Mubaje, and replace him with Sheikh Abdallah Ssemambo as interim Mufti. Justice Singiza emphasized that such actions violated the procedural requirements set out in the UMSC constitution.
Article 28 of the UMSC constitution establishes the Muslim Mediation and Arbitration Council (MAC), chaired by Sheikh Obeid Kamulegeya, as the body responsible for addressing disputes within the organization. The MAC is empowered to handle issues ranging from governance and management to contract disputes, provided they do not involve electoral matters.
Justice Singiza noted that the petitioners, Yudaya Babirye and Burhan Hussein Namanya, failed to justify their decision to bypass the MAC and seek a court resolution. “By overlooking the MAC, the petitioners acted against the constitutional framework explicitly designed to manage such conflicts,” he said.
The court also nullified a previous ruling by Justice Faridah Bukirwa, which had upheld the suspension of Mufti Mubaje. Justice Singiza highlighted procedural flaws in that judgment, including the fact that Mubaje was not made a party to the proceedings leading to his removal.
“These procedural lapses undermine the fairness of the process and disregard the constitutionally mandated dispute resolution mechanisms,” Justice Singiza stated.
The judge called for a return to the MAC to ensure a cohesive and lawful resolution to the disputes. He stressed that addressing the allegations of mismanagement of Muslim properties and governance disagreements through the MAC would reinforce the integrity of the UMSC and foster unity among its members.