Government appeals on POA court ruling

Nov 11, 2003

THE Attorney General (AG) has asked the Supreme Court to overturn a Constitutional Court ruling and dismiss a petition by Dr James Rwanyarare and others challenging the Political Parties Organisation Act (POA).

By Hillary Nsambu

THE Attorney General (AG) has asked the Supreme Court to overturn a Constitutional Court ruling and dismiss a petition by Dr James Rwanyarare and others challenging the Political Parties Organisation Act (POA).

A principal State Attorney, Joseph Matsiko, told court yesterday that the Constitutional Court made a mistake to rule that the petition by James Rwanyarare was not time barred.

This was during hearing of an appeal in which the AG says he is dissatisfied and aggrieved by the Constitutional Court ruling and orders made on November 5, 2002, saying the petition by the multipartyists was in time.

Matsiko argued that the Constitutional Court made a factual mistake and in law when it ruled that the 30 days within which Rwanyarare and others were supposed to file the case ran from the date they perceived the breach of the Constitution and not from the date of breach of the Constitution.

He also argued that by its ruling, the Constitutional Court modified the law, when it had no mandate to do so. He submitted that the Constitutional Court made an error when it ruled that the petitioners ought to have perceived the breach of the Constitution on the date the POA was published in the Uganda Gazette and not on the date the President assented to the Political Parties Organisations Bill.

On the other side, city advocates Peter Walubiri, Yusuf Nsibambi, John Matovu and Kiyemba-Mutale, for the petitioners, supported the ruling of the Constitutional Court, in which it said that the petitioners ought to have perceived the breach of the Constitution allegedly by POA on the date of publication and not on the date of the breach.

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