Constitutional Court of Uganda - 2015 September

4 judgments
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4 judgments
Citation
Judgment date
September 2015
The applicant challenged delegation of election‑procedure duties; court held such delegation unlawful and barred affected elections.
• Constitutional law – Article 78(4): Parliament must "by law" prescribe procedures for elections of special interest group MPs; this duty is non‑delegable. • Administrative law – delegatus non potest delegare: Parliament cannot delegate core constitutional duties to the Minister or private bodies. • Electoral law – 2011 PWD electoral process relying on a voluntary NGO disenfranchised non‑members; subsequent statutory amendment (NCD Amendment Act 2013) remedied defects. • Rights issues – Disenfranchisement contrary to Article 59; other claimed Chapter 4 rights largely not made out. • Remedy – impugned provisions void; injunction against conducting affected elections; PWD elections may proceed under amended law.
29 September 2015
The court upheld Electoral Commission appointments as compliant with Articles 60 and 89; petition dismissed and each party bears own costs.
Electoral Commission appointments — Article 60(2) qualifications: high moral character, proven integrity, experience and competence — burden of proof on challenger; parliamentary approval — delegation to Appointments Committee under Article 90 and Rules of Procedure; no requirement for full House vote under Article 89.
29 September 2015
Court upheld Electoral Commission appointments and ruled Appointments Committee lawfully approves nominees under Articles 60 and 90.
Constitutional law – Article 60(1),(2) – Qualifications for Electoral Commission members (high moral character, proven integrity, experience and competence) – burden on challenger to prove lack thereof; Constitutional law – Article 90 and 89 – delegation of parliamentary approval to Standing Committee – Rules of Parliament (Rules 137, 141, 146) – validity of committee approval on behalf of Parliament; Administrative law – judicial review – limits on court interference in internal parliamentary procedures where consistent with Constitution.
29 September 2015
An MP must vacate seat upon conviction for dishonesty crimes, per constitutional requirements.
Constitutional Law – Interpretation – Member of Parliament's duty to vacate seat upon conviction for crimes involving dishonesty or moral turpitude.
28 September 2015