The police spokesperson said the rally had been dispersed for failure to follow guidelines set out in Act. Justice C.K Byamugisha, JA/JCC Hon. The petitioners sought the following declarations, namely that:-a) It was brought under article 137 of the Constitution of Uganda 1995, and the Rules of Constitutional Court (Petitions for Declarations under article 137 of the constitution) Directions Legal Notice No. On 6 January 2020, the Uganda Police Force arrested opposition politician Bobi Wine, and fired teargas at his supporters during a political rally he had organised. They argued that the practice is cruel, inhuman, and degrading, and endangers the right to life and privacy under the Constitution. It is formed by the various courts of judicature, which are independent of the other arms of government. Now, under the law, the Court of Appeal and the Constitutional court are at the same level although these courts carry out very different tasks. A.E.N Mpagi-Bahigeine, DCJ/JCC Hon. The Act came into force on 20 November 2013. The Court of Appeal, sitting as the Constitutional Court, determines all questions as to the interpretation of the Constitution. 25 Atugonza (supra) and Damian AkankwasaversusUganda (supra). It serves as the court of first instance in Presidential Elections Petitions and is headed by the Chief Justice of Uganda. The Executive branch is headed by the President who is assisted by the Vice President, the Prime Minister and Cabinet Ministers. the republic of uganda in the constitutional court of uganda at kampala (coram: s. t. manyindo - dcj, cm. “This law has for years been used as a tool of repression in Uganda therefore this ruling is a welcome development for the human rights to peaceful assembly and freedom of expression in the country. The Court of Appeal of Uganda was established by Article 134 of the Constitution.The Court of Appeal, sitting as the Constitutional Court, determines all questions as to the interpretation of the Constitution. COURT OF APPEAL/ CONSTITUTIONAL COURT:- Second highest in the land, and cases are heard by Judges of the Court of Appeal/ Constitutional Court. 11 of 1997 The Attorney General Constitutional Court of Uganda (2004) Divorce and dissolution of marriage, Gender discrimination The petitioners sued to have several provisions of the Divorce Act declared void on the grounds that they discriminated on the basis of sex. 6:16 AM - 01 Aug 14 Reply Retweet Favorite The courtroom became something of a circus during the three-hour recess the judges called before issuing the ruling, according to people in the room. The walk will start from Constitutional Square to Kololo and a number of people are expected to participate in this walk” (Uganda Police Force – ‘TRAFFIC MANAGEMENT PLAN FOR ANTI-CORRUPTION WALK ON 4/12/2019’ 03.12.2019). Below it is the Court of Appeal, which largely sits as an appellate court for all disputes arising from the High Court of Uganda. Thus, the court held that female genital mutilation was inconsistent with the provisions of the Constitution, and thus declared the custom void. Section 8 of the Public Order Management Act gives the Inspector General of Police sweeping powers to arbitrarily prevent or stop public gatherings organised by opposition politicians, and to crack down on protests. 2005 No. The Constitutional Court (Court) in Uganda, in a judgment delivered on 26 March 2020 (Human Rights Network and four others v Attorney General, Constitutional Petition no. The Constitutional Court has dismissed a petition challenging the actions of the Directorate of Public Prosecutions to withdraw tax evasion charges against 12 senior executives of MTN Uganda … … The Constitutional Court has dismissed a petition challenging the actions of the Directorate of Public Prosecutions to withdraw tax evasion charges against 12 senior executives of MTN Uganda … Questions as to the interpretation of the Constitution. JUSTICE S.G. ENGWAU, JA HON. Justice A. Posts about Constitutional Court of Uganda written by nilspeace. You know there is something special, you know there is something out of bound and something compelling, when the Members of Parliament (MPs) who has no quarrels with eating without taxation, without thinking of their salaries compered to the ones who they represent. Refunds of donations. Second, the court held that, while the Constitution protects free exercise of cultural or religious custom, such exercise must not infringe on human dignity or the right to be free from cruel, inhuman, or degrading treatment. the republic of uganda in the constitutional court of uganda at kampala constitutional petition number 40 of 2013. “Ugandan lawmakers must now go a step further and repeal the entire Public Order Management Act, which in its entirety was also found to contradict the constitution and end the persistent harassment and intimidation of people who are simply exercising their rights ahead of the 2021 elections.”. In a majority decision of four Justices against one written by Justice Ezekiel Muhanguzi, the Justices dismissed the petition filed by … The constitutional court. Counsel referred court to Supreme Court of Uganda Constitutional Appeal No.1 145 of 1997: TINYEFUNZA VS THE ATTORNEY GENERAL, and the Kenyan High Court PETITIONS NOS. Hearing of election cases. A British-style high court of Uganda and an appeals court for all eastern African protectorates were established in 1902. The walk is aimed at intensifying the fight against corruption. At the same time, a special commissioner was installed to perform executive, legislative and judicial powers. Petitioners also claimed the AHA was unconstitutional because it violated LGBTQ people’s right to privacy and freedom from cruel, inhuman, and degrading punishment. In a bid to ensure that courts work at reducing case backlog, a team from the Case Backlog Monitoring Committee was at Soroti and Mbale High Courts where they held meetings with Judicial Officers on how to deal with this matter.… the republic of uganda in the court of appeal of uganda at kampala constitutional petition application no.50 of 2012 (arising from constitutional petition no.54 of 2012) between geofrey kazinda :::::applicant and the attorney general :::::respondent coram: hon. The nullification of parts of Uganda’s public order law, which gave police excessive powers to prohibit public gatherings and protests, offers a glimmer of hope for the country’s embattled political opposition, human rights defenders and activists. Otherwise, we'll assume you're OK to continue. The Court held that the Petitioners demonstrated that the vote proceeded without the necessary quorum, which meant Petitioners prevailed without the Court reaching the issues regarding the substance of the AHA. 4 of 1996. Ugandan lawmakers must now go a step further and repeal the entire Public Order Management Act, which in its entirety was also found to contradict the constitution. the republic of uganda in the constitutional court of uganda at kampala (coram: s. t. manyindo - dcj, cm. Algeria: Repressive tactics used to target Hirak activists two years on, Belarus: Cultural scene in peril as crackdown escalates, Rohingya stranded in Indian Ocean must be immediately rescued and disembarked to place of safety. A cause signed by Mary Babirye, the Constitutional Court Acting Assistant Registrar shows that the Deputy Chief Justice, Richard Buteera, will lead a panel of five justices to handle the petitions. They include the magisterial courts, High Court, Court of Appeal and the Supreme Court. ... High Court of Uganda. Administrative functions of the Principal Judge. Your choice regarding cookies on this site decisions of the Supreme Court sitting in an ordinary appeal are binding on the Constitutional Court. Kampala, Uganda | THE INDEPENDENT | The Constitutional Court has dismissed a petition challenging the actions of the Directorate of Public Prosecutions to withdraw tax evasion charges against 12 senior executives of MTN Uganda Limited. the republic of uganda in the constitutional court of uganda at kampala constitutional petition number 40 of 2013. The Judiciary is formed by the various courts of judicature, which are independent of the other arms of government. The Constitution Court sits whenever necessary.   |   Jurisdiction of the High Court. The Executive branch Cabinet. The Court shall sit from day to day and may, for the purposes of hearing and determining the petition, sit during saturdays, sundays and on public holidays where the Court considers it necessary for ensuring compliance with article 137 (7) of the Constitution. ADVOCATES FOR NATURAL RESOURCES GOVERNANCE AND DEVELOPMENT 2. 16 OF 2011 1. They include the magisterial courts, High Court, Court of Appeal and the Supreme Court. The Constitution Court sits whenever necessary. S Nshimye, JA/JCC Hon. The Judiciary is formed by the various courts of judicature, which are independent of the other arms of government. We have placed cookies on your device to help make this website better. Female genital mutilation or female genital cutting, Harmful traditional practices, Divorce and dissolution of marriage, Gender discrimination, Oloka-Onyango & 9 Others v. Attorney General, Law & Advocacy for women in Uganda v. Attorney General, Uganda Association of Women Lawyers and 5 Others v. The Attorney General, Women and Justice: Court: Constitutional Court of Uganda. The Constitutional Court (Court) in Uganda, in a judgment delivered on 26 March 2020 (Human Rights Network and four others v Attorney General, Constitutional Petition no. The two cases were decided in March and April 2011, respectively. 56 OF 2013), declared Section 8 of the Public Order Management Act (POMA), unconstitutional. In any case, the Court or the Deputy Chief Justice may order that the Registry of the Court shall stay open on Sundays and public holidays to facilitate … London, 4 August 2014 On 1 August 2014, the Constitutional Court of Uganda struck down the Anti-Homosexuality Act 2014 as null and void following the failure of the Parliament of Uganda to observe the constitutional quoracy requirement during the legislation’s passage. 140. JUSTICE A.E.N. It came into being following the promulgation of the 1995 Constitution, and the enactment of the Judicature Statute, 1996. We have also closely scrutinized this Court’s decisions in the cases of Uganda versus . 91. Petitioners challenged the tribal practice of female genital mutilation and argued that the practice is cruel,,... 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