http://www.idr.co.ug/dfwa-u/Nymapp/justice.htm
Court stops registration of parties
THE Constitutional Court yesterday suspended the registration of political parties, pending the disposal of a petition that seeks to overturn the Political Parties and Organisations Act (PPOA).
With a 4-1 majority decision, the court said there was merit in the application brought by pro-multiparty activists, seeking the suspension of the Act.
Under the law, yesterday, January 16, was the deadline for all political parties to register anew or cease to exist. Justices Galdino M. Okello, Alice Mpagi-Bahigeine, Stephen George Engwau and Christine B.N. Kitumba concurred in allowing the request.
But Justice Constance Kategaya Byamugisha dissented. The judgment of the dissenting Justice was not read.
The application was brought by Dr James Rwanyarare, the chairman of the UPC presidential policy commission, Haji Badru Kendo Wegulo, Yusuf Nsubuga Nsambu, Ken Lukyamuzi and James Garuga Musinguzi. The others are Maj Rubaramira Ruranga, Francis Gureme, Karuhanga Chaapa, Hussein Kyanjo and John Jean Barya.
The court said the fundamental rights of the petitioners were being threatened by the Act.
The justices dismissed the Attorney General's argument that to grant a stay of the provisions of the Act, would amount to granting an injunction against the Government, which is illegal.
In a 10-page ruling, read by Justice Engwau, the court said the 1995 Constitution ushered in the administration of justice a fundamental change.
They agreed with Peter Mukidi Walubiri and Kiyemba Mutale, the applicants' lawyers, that a stay or suspension of the operation of the law to stop the violation of peoples rights and freedoms, was not an injunction against the Government. They also concurred with the lawyers that the order being sought was merely to preserve the status quo as the constitutionality of the law in question was being investigated.
They said under the 1995 Constitution, judicial power is derived from the people and is exercised by the courts.
"This is an important innovation of justice because the emphasis is on the people. Judicial power is now derived from the sovereign people of Uganda and is to be administered in their names," they added.
Published on: Friday, 17th January, 2003
Court Overturns POA
The Constitutional Court yesterday declared sections 18 and 19 of the Political Organisations Act (POA) null and void.
The two sections restricted political party activities to national level. In a unanimous decision, the five judges ruled that the sections were unconstitutional, and in effect established a one-party state in favour of the Movement.
They said the sections were contrary to section 75 of the Constitution.
"The effect of these findings is that the impugned sections 18 and 19 of the Act contravene the Constitution. We therefore declare them null and void. Accordingly, the petition is allowed with costs in favour of the petitioners," read the joint ruling presented by Justice G.M Okello.
But the Attorney General, Francis Ayume, who represented the State, immediately said he would appeal against the ruling.
Ayume, assisted by the director of civil litigation, Deus Byamugisha, told journalists that he would file his intention to appeal soon.
Democratic Party President Paul Ssemogerere Terego MP Casiano Wadri and Sam Njuba of Reform Agenda had challenged the two POA sections.
The others behind the petition are Sebuliba Mutumba, Winnie Byanyima and Reagan Okumu.
Court also said the sections were inconsistent with articles 20(2), 29 (1) (d) and (e), 43 (1) and 2(c) and 73 (2) of the Constitution.
The judges said they never ruled on the Constitutionality of the entire POA since the petitioners never asked them to do so.
Published on: Saturday, 22nd March, 2003
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