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Constitutional Court of Uganda - 1997 June

2 judgments
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2 judgments
June 1997
Attorney General v Salvatori Abuki (Constitutional Case 2 of 1997) [1997] UGCC 10 (13 June 1997)
Court held Witchcraft Act vague and exclusion orders unconstitutional, quashing conviction and ordering release and costs.
  • Constitutional law — Criminal law — Vagueness — Definition of offence — Article 28(12) — Witchcraft Act sections 2 and 3 void for insufficient definition
  • Human rights — Cruel, inhuman or degrading punishment — Exclusion/banishment orders — Article 24 and 44 — Section 7 exclusion orders unconstitutional
  • Constitutional law — Property and movement rights — Deprivation of access to property and freedom of movement — Articles 26 and 29(2) — exclusion orders impermissible
13 June 1997
Maliam Adekur and Anor v Joshua Opaja and Anor (Constitutional Petition No. 1 of 1997) [1997] UGCC 4 (13 June 1997)
Petition against the Attorney General dismissed for failure to disclose cause of action; judicial immunity and local government corporate personality applied.
  • Constitutional law
    • — Liability of the Attorney General — Whether AG liable for private acts or local government officers
    • — Judicial immunity — Article 128(4) bars suits for acts or omissions in exercise of judicial power
  • Local government law — Corporate personality — Local Governments Act 1997 s.4(2)(a), s.7: district administration may be sued in its corporate name
13 June 1997