This Act was repealed on 2013-01-18 by Uganda Communications Act, 2013.
Uganda Communications Act
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- Is repealed by Uganda Communications Act, 2013
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History of this document
18 January 2013
Repealed by
Uganda Communications Act, 2013
15 September 2000 this version
Commenced
Cited documents 0
Documents citing this one 34
Judgment
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Application to vacate consent injunction dismissed; press release admitted unremitted sum but not sufficient for judgment; matter fast-tracked.
* Consent injunctions – variation or vacatur – limited grounds (fraud, mistake, misapprehension, illegality); status quo and risk of rendering main suit nugatory. * Admissions – newspaper/press release admissible; clear admission of audited unremitted NSSF sum but not dispositive where entitlement and excepted employment disputed. * Costs in employment disputes – interlocutory costs not awarded; costs generally follow the event but Court discretion applies. * Case management – direction to fast-track and finally determine outstanding entitlement issues.
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Court dismissed UTL's judicial review for challenging the correctness of NSSF's decision and found a breach of fair hearing in execution proceedings.
Administrative law – Judicial review – Distinction between review of decision-making process and correctness of decisions; fair hearing – parties must be heard when matter adjourned for hearing; civil procedure – section 6 Civil Procedure Act and concurrent jurisdiction of Industrial Court; abuse of process/forum shopping.
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Court upheld most of the Act but struck down sections 3(2)(c), 9, 11(2)(d) and 14 as unconstitutional for health/privacy harms.
Constitutional law — challenges to Anti-Homosexuality Act, 2023 — presumption of constitutionality and burden of proof; procedural compliance (quorum, financial certificate, public participation) — rights: legality (nullum crimen), equality and non-discrimination (sexual orientation not a protected ground under Article 21 in Ugandan Constitution), human dignity (contextual balancing with national values), privacy (reporting duty struck down), freedom of expression/association (permissible limits protecting public interest), right to health (certain provisions struck down).
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The court assessed compliance with SIM card registration regulations and discretionary breaches by MTN Uganda.
Telecommunications Law – Customer service obligations – Regularization of SIM card data – Breach of service terms.
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Application challenging lack of regulation on unhealthy food advertising dismissed for failure to exhaust statutory complaints procedure.
Administrative law - exhaustion of statutory remedies; Communications Act 2013 - Commission’s mandate to set standards, receive and investigate complaints; jurisdictional preliminary objections; premature filing of suit.
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Applicants lacked standing for judicial review; public-interest advocacy alone does not establish direct or sufficient interest.
Judicial review — locus standi — Rule 3A requires direct or sufficient objective interest; public-interest advocacy or mere concern with legality is insufficient to confer standing; public interest litigation permitted only where public right or distinct personal interest is shown.
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Statutory instrument adding telecom masts to local trade licences was ultra vires and demand notes were quashed.
Administrative law – judicial review of delegated legislation; vires of statutory instrument – ultra vires and inconsistency with parent Act; conflict between general trade licensing and sector-specific regulatory regime (communications); double licensing and double taxation; legitimate expectation/consultation in rule-making.
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Majority dismisses challenges to Uganda Communications Act; one judge declares Section 21(b) violates property rights.
Constitutional law — freedom of expression and press — independence of communications regulator versus ministerial oversight — permissible limitations under Article 43; Property rights — licence requirement for disposal of radio communications apparatus — limitation analysis and procedural safeguards; Equality — exemptions for State security services justified on national security; Administrative justice — minimum broadcasting standards and judicial review.
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Plaintiff’s public‑interest challenge to mobile money classification and licensing disclosed no cause of action and was rejected for lack of locus standi.
Public law — locus standi in public interest litigation — distinction between duties under article 17 and rights enforcement under article 50; Administrative law — scope of judicial review, statutory licensing and specialised tribunal jurisdiction; Financial regulation — statutory definition and licensing of financial institution business; Separation of powers — judicial remedies cannot usurp legislative/regulatory/prosecutorial functions; Justiciability — declarations and remedies that are prosecutorial or fall to specialized procedures are non‑justiciable in ordinary suit.
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Company Law|Labour and Employment Law
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