EACJ allows 20 CSOs to join criminal defamation case

PIC: Robert Ssempala of HRNJ-Uganda says a ten-page ruling was unanimously delivered. (Credit: Davis Buyondo)

The East African Court of Justice in Arusha, Tanzania has allowed as many as 20 national and international civil society organizations into a case challenging the criminal defamation law in Uganda and East Africa in general.

This is according to Robert Ssempala, the national coordinator for Human Rights Network for Journalists-Uganda.

Ssempala said a ten-page ruling was unanimously delivered on last week on Tuesday by five judges and read out to court by Justice Audace Ngiye from Burundi.

The case is before the Principal Judge, Justice Monica K. Mugenyi, Deputy Principal Judge Isaac Lenaola, Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.

The continued use of the law provided for under section 179 & 180 of the Penal Code Act of Uganda is being challenged. At least 20 organisations applied to join the case as friends of court (Amicus Curiae) in 2015.

Ssempala explained that the judges ordered that the CSOs will provide court with a written submission in a time that will be directed by court.

"Court ruled that the organisations shall be restricted to issues within amicus curiae's mandate and of specific relevance to the matter before court," he said.

In December 2014, a Central Broadcasting Services (CBS) radio correspondent, Ronald Ssembuusi (now deceased) filed a case challenging the law on defamation.

This was after he was sentenced to one year in prison or to pay a fine of sh1m (USD350) by a Magistrates Court in Kalangala for purportedly defaming the former LC V chairman of Kalangala district, Daniel Kikoola.

But in June last year, the Media Legal Defense Initiative (MLDI) based in the UK, along with other 19 Ugandan and international civil society organizations, applied to court to allow them as friends of court in the aforementioned matter.

The application by the said organizations was heard on November 12, 2015, and the senior state attorney, Jeffrey Atwiine strongly opposed their submissions.

He stated that the organizations were inherently biased and working towards eliminating criminal defamation.

 The court disregarded the arguments, saying that they only intend to share their expertise that will contribute to "legal jurisprudence" in the area of criminal defamation.

Atwiine told HRNJ-Uganda in Arusha shortly after the ruling that they are to appeal the ruling, arguing that a number of issues were ignored by the judges.

Rule 77 of the Courts Rules of Procedure gives three conditions for appeal: points of law, lack of jurisdiction and procedural irregularity.

The matter is expected to come up later this year in September when the lawyers from both sides are expected to meet and agree on the issues to be argued.

The other organizations allowed to join as friends of court are:

• Africa Freedom of Information Centre
• Article 19 Eastern Africa
• Centre for Human Rights of the University of Pretoria
• Centre for Media Studies and Peace Building
• Centre for Public Interest Law
• Committee to Protect Journalists
• Foundation for Human Rights Initiative
• Freedom of Expression Institute
• Ghanaian PEN Centre
• Human Rights Network-Uganda
• Media Council of Tanzania
• Media Rights Agenda
• Media Institute of Southern Africa
• Pan African Lawyers Union
• PEN International
• PEN Sierra Leon
• PEN South Africa
• PEN Uganda
• World Association of Newspapers and News Publishers