Profile: Meet Lawyer Male Mabirizi Kiwanuka, a Former Taxi Conductor whose Wit Surprised Age Limit Court
Hassan Male Mabirizi Kiwanuka has Previously Sued his Father and the Kabaka
At the start of the age limit petition hearing in the Constitutional Court sitting in the eastern town of Mbale, many had visibly written off Hassan Male Mabirizi Kiwanuka as an underdog.
Before the five-judge bench, Mabirizi had a tainted image – an image of a young man keen on soiling the image of one of them.
Mabirizi had claimed that Justice Elizabeth Musoke, the only female on the bench had sired children with deputy attorney general Mwesigwa Rukutana and minster Hilary Onek.
Deputy chief justice Alfonse Owiny Dollo had silenced Mabirizi by threatening to throw him out of court if he dared broach Musoke’s issue again.
But Mabirizi was capable of something more than claims. A qualified lawyer but not an enrolled advocate of the High Court, Mabirizi did not hire a lawyer.
MALE MABIRIZI STUNS AGE LIMIT COURT
He chose to make his case.
Mabirizi accused MPs of doing “colorable legislation” and sought to do what was outside their mandate.
“I call upon you, my Lords, to find that Parliament did colourable legislation for Articles 1 and 2 and actually when you look at the Hansard, it amended Article 260 directly.”
According to Article 260(1) of the Constitution, a Bill seeking to amend any of the provisions in Clause (2) of the same article shall not be taken as passed unless:
- it is supported at the second and third readings in Parliament by not less than two-thirds of all members of Parliament;
- it has been ratified by at least two-thirds of the members of the district council in each of at least two-thirds of all the districts of Uganda.
“My issue, from the Hansard, is that Article 260 was amended and even the Speaker never bothered,” submitted Mabirizi.
“By not separating the two sittings, she abrogated her constitutional duty.”
MPs did not separate the two sittings of Parliament with 14 sitting days, noted Mabirizi.
He further argued that parliament’s amendment of the presidential age limit and extension of MPs’ term by two years was an overthrow of the constitution.
Parliament did what we call constitutional replacement and overthrew the Constitution, further argued Mabirizi.
“This is the reason, my Lords; you should throw out that amendment so that the Constitution is upheld.”
PROFILE: WHO EXACTLY IS LAWYER MALE MABIRIZI KIWANUKA?
Male Mabirizi: Lawyer, money lender, and Former taxi conductor
Date of birth: 1987
Parents: Mohammed Mutumba and Mastula Ndwaddewazibwa (RIP)
Former taxi conductor
Lost his mother while he was in Primary Two
- At 16, Mabirizi declined to apologize to his step mother
- His father chased him away from home
- His father refused to pay his school fees
- Mabirizi sued his father in the family division court
- Court ordered Mabirizi’s father to pay his fees
- His father blocked him from accessing the family compound
- Crane High School Kampala offered defiant Mabirizi help
- 2016: Mabirizi sued Buganda King Kabaka Ronald Muwenda Mutebi for using the Buganda Land Board (BLB) to illegally collect land fees.
- He also protested Buganda land registration exercise.
- December 2017: Mabirizi challenged the age limit law in the Constitutional Court
Scored aggregate eight in six subjects emerging atop his class
Admitted at Kawempe Muslim SS
Scored 25 points at A-level
Was Taxi Conductor during A-level vacation
Admitted to study law at Makerere on government sponsorship
Started money lending business during his second year at Law School
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