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. In a majority decision of four Justices against one written by Justice Ezekiel Muhanguzi, the Justices dismissed the petition filed by … 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. Thus, the court held that female genital mutilation was inconsistent with the provisions of the Constitution, and thus declared the custom void. Today in the Judiciary, High Court of Uganda. You can use this tool to change your cookie settings. kato - ja, a. mpagi-bahigeine. 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. “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 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. Administrative functions of the Principal Judge. Police used this law to prohibit and brutally disperse rallies organized by opposition politician Kizza Besigye in the lead up to the 2016 elections, and more recently to block meetings and concerts organized by opposition MP and musician Bobi Wine (real name Robert Kyagulanyi). Posts about Constitutional Court of Uganda written by nilspeace. 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. The Court of Appeal, sitting as the Constitutional Court, determines all questions as to the interpretation of the Constitution. 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 … ... High Court of Uganda.   |   Petitioners also claimed the AHA was unconstitutional because it violated LGBTQ people’s right to privacy and freedom from cruel, inhuman, and degrading punishment. CENTRE FOR HEALTH HUMAN RIGHTS AND … 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 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 Court held that sections 4, 5, 21, 22, 23, 24 and 26 of the Divorce Act are void in so far as they discriminate on the basis of gender, so the grounds for divorce as listed are available to both sexes and the compensation for adultery, costs against a co-respondent, alimony, and settlement are applicable to both sexes. 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. - ja, j. p. berko - ja, s. g. engwau - ja) constitutional petition no. The Constitution Court sits whenever necessary. The Executive branch Cabinet. - ja, j. p. berko - ja, s. g. engwau - ja) constitutional petition no. “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.”. 25 Atugonza (supra) and Damian AkankwasaversusUganda (supra). Otherwise, we'll assume you're OK to continue. MPAGI-BAHIGEINE, JA HON. 137. 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. Questions as to the interpretation of the Constitution. It is formed by the various courts of judicature, which are independent of the other arms of government. 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. Bobi Wine and four others are currently facing charges under the Public Order and Management Act (POMA) for protesting the social media tax and mobile money tax in July 2018. 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. the republic of uganda in the constitutional court of uganda at kampala constitutional petition number 40 of 2013. Three years later, the same Parliament, whose term is ending in three months, has re-introduced the seven year term in a new Constitutional Amendment Bill, eliciting public anger and condemnation. They argued that the practice is cruel, inhuman, and degrading, and endangers the right to life and privacy under the Constitution. Justice C.K Byamugisha, JA/JCC Hon. The court first held that the petition did raise serious questions for constitutional interpretation. kato - ja, a. mpagi-bahigeine. The two cases were decided in March and April 2011, respectively. The threebranches operate as follow: 1. 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. Appointment of judicial officers. We have also closely scrutinized this Court’s decisions in the cases of Uganda versus . The Ugandan judiciary operates as an independent branch of government and consists of magistrate's courts, high courts, courts of appeal (which organizes itself as the Constitutional Court of Uganda when hearing constitutional issues), and the Supreme Court. The retrogressive anti homosexuality act of Uganda has been struck down by the constitutional court - it's now dead as a door nail. Uganda: Court of Appeal/Constitutional Court The Court of Appeal of Uganda was established by Article 134 of the Constitution . 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 walk is aimed at intensifying the fight against corruption. Jurisdiction of the High Court. In 2018, the Constitutional Court quashed an attempt by Parliament in 2017 to extend the term of all political leaders from 5 to 7 years. JUSTICE A.E.N. 16 OF 2011 1. 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. 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. 140. 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. 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. ADVOCATES FOR NATURAL RESOURCES GOVERNANCE AND DEVELOPMENT 2. 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 … (Made under section 41 of the Judicature Act, Cap 13) In exercise of the powers conferred on the Rules Committee by section 41(1) of the Judicature Act, these Rules … A.E.N Mpagi-Bahigeine, DCJ/JCC Hon. The Judiciary. Hearing of election cases. In a majority decision of four Justices against one written by Justice Ezekiel Muhanguzi, the Justices dismissed the petition filed by … The Constitution Court sits whenever necessary. Under this law police have brutally dispersed spontaneous demonstrations and opposition rallies, while opposition politicians have been beaten up and arrested simply for exercising their rights,” said Deprose Muchena, Amnesty International’s Director for East and Southern Africa. They include the magisterial courts, High Court, Court of Appeal and the Supreme Court. 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. Soroti, Mbale High Courts Unveil Case Backlog Strategies.   |   Constitutional provisions. 11 of 1997 4 of 1996. A British-style high court of Uganda and an appeals court for all eastern African protectorates were established in 1902. The Judiciary is formed by the various courts of judicature, which are independent of the other arms of government. THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA Coram Hon. The Constitutional Court (Petitions and References) Rules, 2005. 56 OF 2013), declared Section 8 of the Public Order Management Act (POMA), unconstitutional. 2. The two issues before the court were whether the petition raised any matter for constitutional interpretation and whether the practice of female genital mutilation should be declared as null and void under the constitution. They include the magisterial courts, High Court, Court of Appeal and the Supreme Court. 1. 139. 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). Privacy Policy They include the magisterial courts, High Court, Court of Appeal and the Supreme Court. Petitioners challenged the tribal practice of female genital mutilation and argued that it is inconsistent with the Ugandan Constitution. In August 2014, Uganda's Constitutional Court annulled this law on a technicality because not enough lawmakers were present to vote. 11 of 1997 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. We have placed cookies on your device to help make this website better. The 1995 Constitution established Uganda as arepublic with an executive, legislative, and judicial branch. Justice S.B.K Kavuma, JA/JCC Hon. Attorney General Constitutional Court of Uganda (2014) Gender discrimination Petitioners sued, claiming the Speaker of Parliament allowed a vote to pass Anti-Homosexuality Act (“AHA”) of 2014 without the mandated quorum (alternatively “Coram”), which requires the presences of one-third of all voting Members of Parliament. Your choice regarding cookies on this site 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. The Act came into force on 20 November 2013. On August 19, 2020, the Constitutional Court of Uganda announced a major victory for Ugandan women, human rights, and the Kampala-based Center for Health, Human Rights and Development in a case that University of Wyoming College of Law faculty and students have been involved in since 2012.The Constitutional Court ruled unanimously that the failure of the government to provide basic … Below it is the Court of Appeal, which largely sits as an appellate court for all disputes arising from the High Court of Uganda. The constitutional court. The petitioners sued to have several provisions of the Divorce Act declared void on the grounds that they discriminated on the basis of sex. 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 Court of Appeal of Uganda (also constituted as the Constitutional Court of Uganda) is the second-highest judicial organ in Uganda.It derives its powers from Article 134 of the 1995 Constitution.It is an appellate court when hearing cases appealed from the High Court of Uganda. It came into being following the promulgation of the 1995 Constitution, and the enactment of the Judicature Statute, 1996. The petitioners sought the following declarations, namely that:-a) … The Constitutional Court has dedicated two weeks starting today to dispose of 25 cases, which have been in the system for more than two years. 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. S Nshimye, JA/JCC Hon. Appointments, qualifications and tenure of office of judicial officers. The Constitutional Court/ Court of Appeal of Uganda occupies the third and fourth floors at Twed Towers along Kafu Road, Nakasero,Kampala. Uganda’s Constitutional Court on 26 March declared Section 8 of Uganda’s Public Order Management Act 2013 illegal and unconstitutional. 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 police spokesperson said the rally had been dispersed for failure to follow guidelines set out in Act. Uganda’s Constitutional Court on 26 March declared Section 8 of Uganda’s Public Order Management Act 2013 illegal and 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 … COURT OF APPEAL/ CONSTITUTIONAL COURT:- Second highest in the land, and cases are heard by Judges of the Court of Appeal/ Constitutional Court. 1. advocates for natural resources governance and development 2. irumba asumani ::::: petitioners 3. peter magelah versus 1. attorney general 2. uganda national 141. the republic of uganda in the constitutional court of uganda at kampala (coram: s. t. manyindo - dcj, cm. 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. 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.… decisions of the Supreme Court sitting in an ordinary appeal are binding on the Constitutional Court. At trial, petitioners produced unchallenged affidavits supporting the fact that female genital mutilation was practiced crudely, wantonly, and without anesthesia, causing permanent damage and trauma to the victim, including incontinence, paralysis, and even death. If you are talented and passionate about human rights then Amnesty International wants to hear from you. Justice Remmy Kasule, JA/JCC CONSTITUTIONAL PETITION N0. 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. Justice A. Refunds of donations. 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. 2005 No. Permissions At the same time, a special commissioner was installed to perform executive, legislative and judicial powers. 2. the republic of uganda in the constitutional court of uganda at kampala (coram: s. t. manyindo - dcj, cm. The petition that led to this ruling was filed in December 2013 by a group of human rights groups including Human Rights Network Uganda, Development Network of Indigenous Voluntary Associations, Uganda Association of Women Lawyers, and Chapter Four. Article 21 of the Ugandan Constitution, "Equality and freedom from discrimination", guarantees protection against discriminatory legislation for … JUSTICE S.G. ENGWAU, JA HON. Petitioners sued, claiming the Speaker of Parliament allowed a vote to pass Anti-Homosexuality Act (“AHA”) of 2014 without the mandated quorum (alternatively “Coram”), which requires the presences of one-third of all voting Members of Parliament. 142. The Judiciary is formed by the various courts of judicature, which are independent of the other arms of government. 91. Article 134 of the Constitution established the structure of the Court of Appeal. Cookie Statement A British-style high court of Uganda and an appeals court for all eastern African protectorates were established in 1902. THE REPUBLIC OF UGANDA IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA 5 CORAM: HON. The Executive branch is headed by the President who is assisted by the Vice President, the Prime Minister and Cabinet Ministers. a) Court of Appeal: This court handles appeals. At the same time, a special commissioner was installed to perform executive, legislative and judicial powers. 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