Three Advocates under Network for Public Interest Lawyers (PILAC) have petitioned the Constitutional Court seeking to nullify the Public Order Management Act (POMA), which they say is unconstitutional and a violation of Human rights.
The three human rights lawyers, James Nkuubi, Cissy Nabatanzi and Grace Mark Tusubira have sued the Attorney General who is the legal representative of Government in civil matter.
In their constitutional petition filed on Friday, the lawyers contend that this law which was passed by Parliament in 2013 and signed by the President on 2nd October 2013 has affected the fundamental rights and freedom of assembly through giving excessive powers to security to prohibit public gatherings.
“Section 4 of the POMA is inconsistent with or in contravention with National objectives ii, Vix ,xii, xv and articles 2(2) 8A ,20, 21 , 23 , 24 , 29(1) , 38 , 43 , and 44 of the constitution of Uganda,” they state.
The petitioners add that parliament’s enactment of POMA 2013, purporting to alter court decision on regulation of Public Assemblies is inconsistent and in contravention with Article 92 of the 1995 constitution
“Police notification formalities and processes prior to convening an assembly are burdensome restrictions on individual capacity to exercise their fundamental human rights”
The same court in 2003 in a case filed by Human Rights Network (HURINET) and 4 others versus Attorney General made orders and pronounced its self on constitutionality of only section 8 of the same Act.
These are now challenging the validity and constitutionality of the remaining articles 4,5,6, 7,9 and 10.
One of the petitioners Grace Mark Tusubira revealed that they have decided to file their petition during this campaigning period when Ugandans require their right to freedom of Assembly and Association