today's Pick
Activists lose petition on DDT use
Publish Date: Mar 12, 2014
Activists lose petition on DDT use
Justice Augustine Nshimye was on the panel of five judges
  • mail
  • img
newvision

By Darius Magara and Andante Okanya

Activists opposed to the use of DDT (dichlorodiphenyltrichloroethane), have lost a Constitutional petition that sought to ban the use of the chemical in the anti-malaria fight.

On Tuesday, the Court of Appeal sitting as a Constitutional Court, on a technicality, that although the petition raised serious issues on environment protection, it did not raise matters for constitutional interpretation.

The petition arose in 2009, when civil society organisation Uganda Network on Toxic-Free Malaria Control (UNETMAC) dragged the Attorney General (AG), to court.

The organisation lamented that indoor residual spray and the continued use of the insecticide was calamitous to Uganda's agricultural exports.

Prior, the Health ministry had embarked on indoor residual spraying in homes in the northern districts of Apac and Oyam between April and May 2008.

The judgment of a panel of five Justices was delivered by Justice Kenneth Kakuru. The court declined to award government costs, noting that the petition was filed in public interest.

The other Justices on the panel were; Augustine Nshimye, Faith Mwondha, Eldad Mwangusya, and Geoffrey Kiryabwire.

They noted that they were unable to find anywhere that the petition calls for interpretation of the constitution. They pronounced that "the petition itself does not directly or by inference raise any issue or question that calls for constitutional interpretation."

UNETMAC lawyer Obed Mwebesa had argued that DDT use violated article 39 of the 1995 Constitution which prescribes that, "Every Ugandan has a right to a clean and healthy environment."

He asserted that the Health ministry did not adhere to guidelines set by the National Environment Management Authority (NEMA).

Mwambutysa said it was logical for the exercise to enable Government fulfill its constitutional duty of saving lives of its citizens.

After the judgment had been delivered, UNETMAC secretary general Ellady Muyambi, insisted that the organisation would lodge a fresh case in the High Court, as advised by the Justices.

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Pick your Pakasa access pass at New Vision offices
Access passes to the fourth edition of Vision Group’s Pakasa Forum on Saturday are now available at the New Vision reception on Plot 19/21, First Street, Industrial Area....
Museveni to pay  10% tuition hike for Makerere students
President Yoweri Museveni will shoulder the burden of paying the additional 10% fees slapped on the first year privately sponsored Makerere University students....
Senegal closes border as UN warns on Ebola flare-up
Senegal has become the latest country to seal its border with a west African neighbour to ward off the deadly Ebola virus, as the new UN pointman on the epidemic said preparations must be made for a possible flare-up of the disease....
Pope calls family of slain US journalist
Pope Francis called the family of slain US journalist James Foley on Thursday to offer his condolences, a Catholic priest close to the family said....
Man behind Ice Bucket Challenge dies in diving accident
ONE of the individuals behind the Ice Bucket Challenge to support Lou Gehrig's disease research has died in a diving accident...
Man gets 10 million dollars for wrongful conviction
A New York man was awarded $10 million after spending 16 years in prison for a murder he did not commit, his lawyer said Wednesday....
Will strict traffic laws reduce road accidents?
Yes
No
Can't Say
follow us
subscribe to our news letter