Maternal health activists battle awaits Supreme Court verdict

By Andante Okanya  

KAMPALA - A petition by maternal health activists seeking to compel Government to provide essential adequate kits in referral hospitals for the mothers’ safe deliveries, awaits delivery by the Supreme Court.

Yesterday, when the parties to the case appeared at the court in Kampala before a panel of seven justices led by Bart Katureebe, he stated that the verdict would be delivered on notice.

Katureebe implied that the verdict delivery date would be communicated prior. The decision towards the verdict date was prompted by the revelation to court that the parties had filed their written submissions.

Other Justices were Esther Kisaakye-Kitimbo, Jotham Tumwesigye, John Wilson Tsekooko, Benjamin Odoki, Christine Nakaseeta-Kitumba, and Galdino Okello.

The activists under Centre for Health, Human Rights and Development(CEHURD), had a legal team comprised of Peter Walubiri, Kizito Sekitoleko, and David Kabanda. 

Governent’s chief legal representative and advisor the Attorney General(AG) was represented by principal state attorney Patricia Mutesi.

The battle between CEHURD and the AG arose in 2011 when the activist lobby petitioned the Constitutional Court.

The lamented that government violated the women’s rights by neglecting to put essential medical commodities in place for them when pregnant.

They were seeking a declaration that by failing to provide the essential medical commodities and adequate health services to pregnant women, the Government is violating their constitutional rights as mothers of this nation.

But the AG represented by Mutesi asked the court to dismiss it on the basis that the petition touched the sensitive  nerve in common law, the ‘political question’ doctrine, which champions the doctrine of separation of powers.

Consequently on June 5, 2012, the Constitutional Court 2012 ruled that the petition did not “fall within its mandate of interpreting the Constitution” but a preserve of the Executive and the Legislature and, therefore rejected it.

They noted that: “although maternal mortality remains a big problem that needs to be urgently addressed, any ruling contrary to that would be interference with the executive’s mandate.”

Subsequently last year, the activists petitioned the Supreme Court, faulting the Constitutional Court for refusing to hear their petition on its merits.

In the petition awaiting a verdict at the Supreme Court, they contend that they were seeking courts’ intervention not on political basis, but in their efforts to reduce the high maternal mortality throughout the country

They are also seeking court’s declarations that the right to have the highest attainable standards of health is a constitutional right for all Ugandans without discrimination. 

Additionally, they want court to pronounce that inadequate human resource for maternal health and lack of emergency obstetric services at health centres and referral hospitals is a violation of mothers’ right to good health.

According to the Millenium Development Goal Report for Uganda, 2013, the country’s current  maternal mortality rate stands at 438 deaths per 100,000 live births.