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Key Constitutional Court Petitions to Be Heard This Month

The Constitutional Court has dedicated the month of October to dispose of 38 petitions and 15 Constitutional Applications filed between 2011 and 2014

This session kicked off today Monday, October 5th, 2020 and thereafter their Lordships will start the judgment writing process.

According to the cause list signed by Mary Babirye Kabanda, the   Acting Assistant Registrar of this court, the session will include 38 Petitions and 15 Constitutional Applications most of which were filed between 2011 and 2014.

A panel of five justices led by Fredrick Egonda Ntende will conduct the session.

Other Justices on the panel are Elizabeth Musoke, Cheborion Barishaki, Muzamiru Kibeedi and Irene Mulyagonja.

Among the prominent cases in the session is one in which Dr Kizza Besigye sued the Attorney General Challenging Section 26 of the Penal Code Act.

The Section in issue provides for the offense of Terrorism, its ingredients and its punishment upon conviction being life imprisonment.

Dr Besigye contends that the terrorism offense and its ingredients thereunder contravene the constitutional rights to expression, movement, religion, assembly and association.

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In another public interest petitions, the Reform Party is contesting the continuous presidential appointments and retention of Electoral Commission Chairperson, Vice Chairperson and five commissioners saying it is unconstitutional in a multiparty dispensation.

Others include Kampala Capital City Lord Mayor Erias Lukwago challenging quasi-judicial powers given to the minister for Kampala under the KCCA Act among other petitions.

This session is among the strategies the Court of Appeal has put in place to reduce on the case backlog amidst shortage of Justices.

Currently, there are 266 Constitutional Petitions and 231 Constitutional Applications pending at the Court.

The new Deputy Chief Justice, Richard Buteera, while unveiling his plan for the Court of Appeal/Constitutional Court, emphasized the fact that Constitutional Matters take precedence over other matters.

“We need to prioritize Constitutional matters over the other cases and give them expeditious disposal.”

The Registrar has already filed hearing notices to all parties involved so that they can file their all their submissions in time.

She said the Court will equally adhere to Standard Operating Procedures as directed by Ministry of Health to curb the spread of Covid-19.

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