Constitutional Court of Uganda - 2021 July

6 judgments
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6 judgments
Citation
Judgment date
July 2021
The court held elections in new districts in 2016 unconstitutional, but upheld the Electoral Commission's legitimacy and MPs' dual cabinet roles.
Constitutional law – validity of parliamentary elections in newly created districts – interpretation of conflicting statutes – competence of Electoral Commission – separation of powers – dual role of Members of Parliament as Cabinet Ministers.
29 July 2021
23 July 2021
Court upheld Press and Journalist Act provisions, dismissing applicants' challenges to media regulation and licensing.
Constitutional law — Freedom of expression — Challenge to Press and Journalist Act — Void-for-vagueness and Article 28(12) — Public morality limitation and Article 29(1)(a) — Media Council composition, ministerial powers and regulatory independence — Licensing/accreditation and professional regulation of journalism — Suspension pending appeal — Justifiability under Article 43(2)(c) (proportionality/necessity).
23 July 2021
23 July 2021
Prohibition of contingent‑fee agreements in the Advocates Act and related regulation is not unconstitutional; petition dismissed.
Constitutional jurisdiction – Article 137 – petitions challenging statutes and regulations for inconsistency with the Constitution. Advocates Act – Contingent Fee Agreements – s.55(1)(b) and Regulation 26 – constitutionality of prohibiting CFAs. Freedom of contract – not absolute; Parliament may regulate professions for public interest. Section 51 requirements for remuneration agreements – protective formalities and enforceability; application to representative suits. Role of courts v. Parliament – policy or reform arguments are for the legislature, not constitutional nullification absent inconsistency.
22 July 2021
Constitutional law—military tribunals—General Court Martial—jurisdiction—military discipline—trial of civilians—service offences—constitutional authority—independence and impartiality—military law and civil offences—rights to fair trial—legislative intent—constitutional interpretation—consistency with constitutional provisions—remedies
1 July 2021