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Constitutional Court of Uganda - 2008

4 judgments
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4 judgments
Citation
Judgment date
October 2008
Cranmer Sajjabi Imaka v David Kawune Wakhooli (Constitutional Petition Application No. 6 of 2008) [2008] UGCC 5 (29 October 2008)
Court granted temporary injunction restraining respondents from electing Kyabazinga pending a constitutional petition.
Constitutional law — interim relief — interlocutory injunction restraining election of traditional leader pending constitutional petition; protection of customary processes and traditions; judicial discretion to grant temporary injunction; costs to abide final petition outcome.
 29 October 2008
May 2008
Muwanga Kivumbi v Attorney General (Constitutional Petition No. 9 of 2005) [2008] UGCC 34 (27 May 2008)
Section 32(2) unlawfully empowers police to prohibit peaceful assemblies, violating constitutional freedom of assembly.
Constitutional law – freedom of assembly – whether police may prohibit assemblies under statutory provision; section 32(2) Police Act – prohibitory vs regulatory powers; limitation of rights – Article 43(2)(c) justificatory test; police duties – maintenance of public order without curtailing fundamental rights.
 27 May 2008
April 2008
Paul Kafeero and Anor v Electrol Commision and Attorney General (Constitutional Petition No. 22 of 2006) [2008] UGCC 53 (30 April 2008)
Refusal to register a party named for a cultural leader did not breach association rights; statutory limitations were justified.
Constitutional law – Political parties registration – Freedom of association (Art.29) and right to form political parties (Art.72) – Limitations justified by national unity and protection of cultural institutions – Interpretation and application of sections 5(1)(a),(b) and 16(1) of the Political Parties and Organisations Act 2005 – Article 246(3)(e) prohibition on cultural leaders’ participation in partisan politics.
 30 April 2008
March 2008
Foundation for Human Rights Initiatives v Attorney General (Constitutional Petition No. 20 of 2006) [2008] UGCC 1 (26 March 2008)
Court held bail is not automatic, affirmed mandatory release after remand periods, and struck down provisions permitting extended remand.
Constitutional law – Bail – Article 23(6): right to apply for bail vs. discretion to grant; mandatory release after statutory remand periods; reasonable conditions and cancellation of bail; invalidation of statutory provisions permitting extended remand (TIA s.16; MCA s.76; UPDF ss.219,231,248; Police Act s.25(2)).
 26 March 2008