Government through the attorney general has appealed last month’s Constitutional court judgment that nullified section 8 of the Public Order Management Act (POMA).
Constitutional court justices Kenneth Kakuru, Geoffrey Kiryabwire, Cheborion Barishaki, and Elizabeth Musoke, agreed to quash the section on grounds that it has been used by police, to violently disperse opposition political rallies, contrary to the Ugandan Constitution which guarantees freedoms to assemble and demonstrate peacefully.
The other justice, Stephen Musota gave the attorney general and police a boost when he wrote a dissenting judgment dismissing the petition filed by Human Rights Network, the Development Network of Indigenous Associations (DENIVA), the Uganda Association of Women Lawyers (FIDA), Butambala County MP Muwanga Kivumbi and Rtd Bishop Zac Niringiye, saying it doesn’t raise issues for constitutional interpretation.
Now in a notice appeal filed at the Supreme court, the attorney general’s chambers insist they intend the challenge the judgment.
“Take notice the attorney general being dissatisfied with judgments/ orders of justice Cheborion Barishaki, justice Geoffrey Kiryabwire, lady justice Elizabeth Musoke, and justice Kenneth Kakuru dated March, 26, 2020., intends to appeal to the Supreme court against judgment,” reads the two paged notice of appeal filed on April 9, 2020.
Separately, the attorney general’s staffers wrote to the deputy registrar of the Court of Appeal which doubles as the Constitutional court asking for documents that will aid his office in the appeal.
“The purpose of this letter is to request you to provide certified copy of proceedings and judgment in the constitutional petition number 56 of 2013 to facilitate the conduct of appeal,” wrote Moses Mugisha on behalf of the solicitor general.
In response to the notice of appeal, Onyango Owor, who represented the petitioners at the Constitutional court, said they will be ready to defend their victory.
“The attorney general’s chambers has notified us of their desire to appeal the Constitutional court ruling. We respect their position as it’s their right to do so. The Public Management Act (POMA) has wide-ranging implications on civil liberties in Uganda and we will robustly defend the Constitutional court ruling,” Owor said adding “It is in public interest to do so.”
In his judgment, Kakuru didn’t mince words in rejecting POMA.
“The assumption that public meetings of a political nature, or social gatherings held by politicians are more likely to cause a breach of the peace because they have not been authorized by police and should not be allowed to happen is not correct. Neither is the assumption that failure to notify police of intended public meeting of a political nature is good enough excuse to violently disperse the same. The blanket prohibition on holding meetings that have no police permission or prior notification is simply unconstitutional and a violation of article 29 of the Constitution that guarantees the right to freedom of peaceful assembly and demonstration,” he wrote.