By Solomon Muyita
Nov 18, 2004
COURT - The Constitutional Court yesterday gave the political parties some breathing space when it nullified restrictive sections of the Political Parties and Organisations Act (PPOA).
Following the judgement, registered parties are now free to open branches at all levels countrywide. They are also at liberty to meet in any part of the country to hold public rallies and contest for power without any hindrance. The petitioners had presented seven grounds in their petition. Court upheld three grounds and dismissed the other four. The petitioners were: Dr James Rwanyarare and Hajji Badru Wegulo (Uganda People�s Congress), Mr Nsubuga Nsambu and Mr Ken Lukyamuzi (Conservative Party) and Dr John Jean Barya (Free Movement). Others were: Mr James Garuga Musinguzi, Chapaa Karuhanga and Hussein Kyanjo (Forum for Democratic Change) and Maj. Rubaramira Ruranga. They filed the petition in 2002. However the court ruled that the requirement was justified. Counsel Peter Walubiri, Mr Kiyemba Mutale and Mr Moses Ojakol represented the petitioners while the acting Director of Civil Litigation, Mr Joseph Matsiko and State Attorneys Mr Alfred Oryem Okello and Ms Victoria Ssekandi represented the State. The court also nullified section 13(b), which bars a Ugandan citizen, who has continuously lived outside the country for more than three years, from leading a political party or holding a political office in the party. �We are at a loss understanding why Parliament enacted a draconian provision. Section 3(2) of the Act provides that every citizen of Uganda has a right to join a political party. This implies the right to hold a political office. In our view, section 13(b) contravenes the right to freedom to associate and the right to participate in the affairs of government individually or through representatives in accordance with the law,� the judges ruled. The court held that the restriction was unjustified because it restricts a citizen�s sacrosanct rights and freedoms to stand for election in a free and democratic country. �The restriction is totally unjustified and unjustifiable in a free and democratic society. It is far in excess of what is reasonably necessary for enabling any political system adopted, whether Movement or multiparty, to operate,� the judges declared. The judges said it is wrong to subject a political party, contending for power, to legislative measures that limit its capacity to associate, engage in dialogue and communication. |
� 2004 The Monitor Publications
Court frees political parties
By Mwanguhya Charles Mpagi, Hussein Bogere & Agness Nandutu
Nov 18, 2004
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KAMPALA - An excited Uganda People�s Congress Party declared yesterday that it was now ready to pick registration forms and register as a party. The party also warned the government to prepare for real challenges in the political field following a Constitution Court ruling that declared various sections of the Political Parties and Organisations Act null and void.
�We shall proceed to pick the registration forms in preparation for the registration exercise. We warn the NRMO functionaries including RDCs, Security operatives and other civil servants in districts not to dare try to frustrate this lawful exercise,� the Presidential Policy Commissioner, Dr James Rwanyarare, said at Uganda House, the party�s headquarters, during the weekly press conference amidst chating of the UPC anthem by the excited supporters. �We are going to every district to collect signatures in preparation for registration. We want to inform them that the UPC will not hesitate to bring them justice, or take justice to them through the full force of the law,� he added. Rwanyarare said the party was likely to pick the forms yesterday. The party, which appeared to have prepared for the court victory celebration well in advance, had its boardroom packed to capacity by supporters who left little room for the press. Rwanyarare, declared that UPC would immediately launch into the countryside �to mobilise against the dictatorship.� Rwanyarare said the ruling, which nullified sections 10 (4,8,9) and 13 (b) to add to sections 18 which prohibited political parties from sponsoring or offering a platform to or in anyway campaign for or against a candidate in any residential or Parliamentary election or any other election organised by the Electoral Commission and 19 which stated that during the period when the Movement political system is in force and until another political system is adopted in accordance with the constitution, no organisation subscribing to any other political system shall carry on any activity that may interfere with the operation of the Movement system nullified in an earlier petition by Dr Paul Semogerere of the Democratic Party meant that UPC could now join the political field. He said among others the party would proceed to mobilise the population to resist Museveni�s dictatorship. �Now you are going to see a two pronged struggle, you are going to see a struggle to mobilise the people to reject bad leadership,� he said. He said UPC would live no stone unturned in the new phase of the struggle, �our struggle started from the word go when the dictatorship started taking a stronghold. Ours is a protracted struggle, as long as bad laws and bad rulers are fought,� Rwanyarare said. |
� 2004 The Monitor Publications
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