Constitutional Court of Uganda - 2005

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5 judgments

Citation	Judgment date
September 2005
Hon Lady Justice Julia Sebutinde v The Attorney General (Constitutional Reference 5 of 2005) [2005] UGCC 11 (15 September 2005) Remuneration for chairing a commission of inquiry is not exempt from taxation under article 128(7) of the Constitution. Constitutional law – Judicial power – Whether commission of inquiry chairs enjoy tax exemption under article 128(7) – Nature of commissions of inquiry – Taxation of judicial officers' remuneration outside courts of judicature.	15 September 2005
August 2005
Tumukunde v Attorney General & Anor (Constitutional Petition No. 6 of 2005) [2005] UGCC 1 (26 August 2005) Petitioner’s letter constituted resignation; Speaker’s notification lawful; military charges held lawful by majority; petition dismissed. Constitutional law – Justiciability of presidential acts; Parliamentary membership – resignation under article 83(1)(a); Speaker’s duty to notify Electoral Commission under articles 80, 83, 84; Military law v. fundamental rights – liability of soldier‑MP to military discipline and limits of articles 20, 21, 29; Remedies – damages and costs.	26 August 2005
July 2005
Okello-Okello and Others v Attorney General and Electoral Commission (Constitutional Petition No. 4 of 2005 Ruling-1) [2005] UGCC 10 (18 July 2005) The court refused the applicant's request to suspend the referendum pending appeal, declining to exercise inherent powers under Rule 1(3). * Constitutional procedure – jurisdiction to hear informal applications post-judgment – Rules 42(3) and 1(3) preserve inherent powers. * Constitutional law – referendum – whether a court may suspend a nationwide referendum pending an appeal. * Administrative procedure – compilation of record of proceedings for appeal – administrative remedies and speculation as insufficient grounds for suspension. * Separation of powers – courts cannot dictate how Parliament exercises discretion in choosing methods to change the political system.	18 July 2005
Okello-Okello and Others v Attorney General and Electoral Commission (CONSTITUTIONAL PETITION NO. 4 OF 2005) [2005] UGCC 9 (14 July 2005)	14 July 2005
June 2005
Susan Kigula & 416 Ors v Attorney General (Constitutional Petition No. 6 of 2003) [2005] UGCC 8 (10 June 2005) Death penalty upheld in principle; mandatory death provisions and prolonged post‑confirmation delay (>3 years) are unconstitutional. Constitutional law — capital punishment — interplay of articles 22(1), 24 and 44 — death penalty saved by article 22(1) but mandatory death sentences unconstitutional for violating right to fair hearing and judicial discretion — execution by hanging upheld — inordinate delay after appellate confirmation (over 3 years) amounts to cruel, inhuman or degrading treatment.	10 June 2005