Ugandan court might overturn anti-gay law tomorrow
by Colin Stewart
Rebecca Kadaga, speaker of the Ugandan parliament (Photo courtesy of In2eastafrica.net)
Ugandan
opponents of the harsh new Anti-Homosexuality Act are hoping for an
immediate victory tomorrow in their Constitutional Court challenge to
the legitimacy of the law.
The
court is expected to rule tomorrow on whether parliament acted
unlawfully last December when Speaker Rebecca Kadaga called for a vote
on the bill when a quorum was lacking.
If
the court agrees with that argument, the law is likely to be struck
down. If the court disagrees, it will proceed to consider whether the
law violates the Ugandan constitution.
The
law provides for imprisonment for five to seven years for anyone
convicted of “promoting homosexuality” or who “in any way abets
homosexuality and related practices.” (See more provisions of the law
in the article "Draconian details of Uganda’s misguided new anti-gay law.")
The current challenge was brought by LGBT and human rights activists, legal experts and opposition politicians.
Nicholas Opiyo
If the court agrees that Parliament broke procedural rules, plaintiffs' attorney Nicholas Opiyo told BuzzFeed, “it appears … it will dispose of the entire case,” and “it looks likely” that it will decide that tomorrow (Thursday).
The
following report on today's proceedings was prepared by Adrian Jjuko,
executive director of the Human Rights Awareness and Promotion Forum --
Uganda (HRAPF), who chairs the legal committee of the gay-friendly Civil
Society Coalition on Human Rights and Constitutional Law.
Today, the Constitutional Court of Uganda heard the Petition against the Anti Homosexuality Act as planned.
Five
of the Petitioners were in court: Prof. J Oloka-Onyango, Hon. Fox Odoi,
Frank Mugisha, Jacqueline Kasha Nabagesera and HRAPF. They were
represented by five counsel: Ladislaus Rwakafuuzi, Caleb Alaka, Francis
Onyango, Nicholas Opiyo and Fridah Mutesi. The Attorney General was
represented by Principal State Attorney (PSA), Ms. Patricia Mutesi.
Ugandan member of parliament Fox Odoi (Photo courtesy of ekimeeza.com)
Five
Justices of the Constitutional Court [were present]: Hon. Justice S.B.K
Kavuma, Hon. Justice A.S Nshimye, Hon. Justice Mwanguhya, Hon. Justice R
Opio Aweri, and Hon. Lady Justice Solomy Balungi Bbossa.
The
case started with the lead Counsel for the Petitioners, Mr. Rwakafuuzi
introducing the legal team and the case for the petitioners, and
informing court that the petitioners were ready to proceed.
The
PSA raised an objection that the state was not ready to proceed since
they had been granted up to 10th September to finalise preparations on
the matter. She submitted that they intended to file supplementary
affidavits. She wanted the heaing to be restricted to the applications
for an interim injunction.
The
Justices adjourned court for 20 minutes to deliberate on this. They
returned with a ruling that since the state has not filed any
application to file affidavits out of time, there was no basis for the
PSA's assertion. They ruled that the hearing of the Petition should go
on.
The
PSA then asked court to stay the hearing since they intended to appeal
the ruling. The Court heard arguments on both sides and once again
decided to proceed with the hearing. Court asked Counsel for the
Petitioners to submit on Issue no. 1.
Counsel
for the petitioners submitted on Issue No. 1 which is on quorum arguing
that the Constitution requires the Parliament to have quorum as laid
down in the Rules of Procedure before they can pass a bill into law. The
Rules of Procedure require the Chairperson (Speaker) to ascertain
quorum when the issue is raised. That this was not done in this case,
and this makes the procedure through which the Bill was passed
unconstitutional.
After submissions, Court adjourned the case for tomorrow July 31st at 9.30am.
Related articles
- Uganda's anti-gay law faces court challenge (March 11, 2014, 76crimes.com)
- Ugandans challenge anti-gay law (March 11, 2014, bbc.co.uk)
- Ugandan Constitutional Court Could Rule Thursday On Challenge To Anti-Homosexuality Act (July 30, 2014, BuzzFeed)
- Plaintiffs ready as Ugandan Court Hears Case on Constitutionality of the Anti-Homosexuality Act (July 30, 2014, O-blog-dee)
No comments:
Post a Comment