Constitutional Court of Uganda - 2004

Sort by:

4 judgments

Citation	Judgment date
November 2004
Dr James Rwanyarare and Ors v Attorney General (Constitutional Petition No. 7 of 2002) [2004] UGCC 5 (16 November 2004) Court upheld registration and national‑character requirements but struck down timing, meeting restrictions and residency disqualification as unconstitutional. Constitutional law — Political parties — Definitions and scope — registration and national‑character requirements — freedom of association and political participation — timing and structure of internal party elections — limits on meetings and residency disqualifications; sections 10(4), 10(8)–(9) and 13(b) invalidated.	16 November 2004
June 2004
Ssemwogerere and Another v Attorney General (Constitutional Application No. 3 of 2000) [2004] UGCC 6 (25 June 2004) Act was enacted and the referendum held in breach of Articles 89, 90 and 271; Act and referendum declared void. Constitutional law — Referendum (Political Systems) Act 2000 — challengeable despite being spent — failure to refer Bill to Standing Committee (Art.90) — unconstitutional voting procedure in Parliament (voice; Article 89) — unlawful backdating and abridgement of Article 271 canvassing period — Article 269 and section 12 restrictions undermining free and fair referendum (Article 69) — Act void ab initio; referendum invalid.	25 June 2004
March 2004
Fox Odoi & Another v Attorney General (Constitutional Petition 8 of 2003) [2004] UGCC 7 (30 March 2004)	30 March 2004
Uganda Association of Women Lawyers and Ors v Attorney General (Constitutional Petition No. 2 of 2003) [2004] UGCC 1 (10 March 2004) Rule imposing a 30‑day filing limit was void; several Divorce Act provisions were held sex‑discriminatory and unconstitutional. Constitutional law — Access to Constitutional Court — Limitation by subsidiary legislation (rule 4(1)) incompatible with Article 3(4) — Time‑bar nullified; Family law — Divorce Act provisions (ss.4(1),4(2),5,21,22,23,24,26) discriminatory on basis of sex — Violations of Arts.21,31,33 — Sections declared unconstitutional; Article 273 (saving of existing law) does not oust Constitutional Court’s power to declare pre‑existing laws inconsistent.	10 March 2004