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The Constitutional Court has dismissed a case in which an activist wanted the Government compelled to translate the Constitution into local languages.

In a judgment dated May 7, 2024, Deputy Chief Justice Richard Buteera, Catherine Bamugemereire, Irene Mulyagonja, Muzamiru Kibeedi and Monica Mugenyi ruled that the court lacked jurisdiction to entertain the case given that it contained no questions for interpretation.

“The petition does not invoke the jurisdiction of this court. I find no reason to entertain the residual issues in this matter. ln the result, I would dismiss this petition with no order as to costs,” Mugenyi who wrote the judgment said.

In his case against the Attorney General, Jimmy Twase was seeking to enforce the state obligations spelt out in Article 4 of the Constitution to ensure the translation of the constitution into local languages and disseminate the same throughout the country.

Dismissing the case, the justices said Twase’s case does not call for constitutional interpretation and the remedy for it lies before the ordinary courts of law (High Court) as provided for under Article 50(1) of the Constitution.

Citing the decision in the case of Attorney General versus Maior General David Tinyefuza, Mugenyi said a person who seeks to enforce a right or freedom guaranteed under the Constitution by claiming redress for its infringement but whose claim does not call for an interpretation of the Constitution has to apply to any other court.

Article 137(1) of the Constitution restricts the jurisdiction of the Constitutional Court solely to the interpretation of the Constitution and the court would only provide redress to such cases under Article 137(4) if the redress sought flows directly from its interpretative function under Article 137(3), which was not the case.

Article 4 (a) of the constitution enjoins the state to promote public awareness of the Constitution by translating it into Ugandan languages and disseminating it as widely as possible. There are over 41 living languages in Uganda. 

On the other hand, Article 4 (b) of the Constitution provides for the teaching of the Constitution in all educational institutions and armed forces training institutions and regularly transmitting and publishing programmes through the media generally.

AG’s response

In reply to the case, Assistant Commissioner Richard Adrole and Lydia Mugisa, a State Attorney from the Attorney General chambers denied any omission, refusal or failure on the part of the Government to translate the Constitution into local languages and ensure its dissemination and/or publication/ broadcast in the media.

They argued that the Uganda Law Reform Commission (ULRC) has since published an abridged and simplified version of the Constitution that is freely available to the public and it has also translated the Constitution in Acholi, Ateso, Dhur Alur, Langi, Luganda, Lugbara Ti, Lumasaba, Lusoga, Runyankore/ Rukiga and Runyoro/ Rutoro. 

They also submitted that the National Curriculum Development Centre (NCDC) has since incorporated the teaching of the Constitution in the primary and secondary curriculum and extensive media campaigns have been undertaken by the Uganda Human Rights Commission (UHRC) to inform the public about their civic rights and duties under the Constitution.