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Kavuma interim orders against FDC illegal, says Besigye

By Moses Walubiri

Added 30th April 2016 03:34 PM

The interim order by Kavuma following an application by Attorney General in form of notice of motion proscribes FDC and Dr. Kizza Besigye from organizing any procession anywhere in Uganda for the next four weeks.

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Former FDC presidential flag bearer Dr. Kiza Besigye addresses journalists on Kavuma’s interim orders at his home in Kasangatti on April 30, 2016. Photos/Meddi Musisi

The interim order by Kavuma following an application by Attorney General in form of notice of motion proscribes FDC and Dr. Kizza Besigye from organizing any procession anywhere in Uganda for the next four weeks.

Dr. Kizza Besigye, a former president of the opposition Forum for Democratic Change (FDC), has described yesterday's orders by deputy chief justice, Steven Kavuma, against FDC as "unconstitutional and illegal", vowing to defy them.

The interim order by Kavuma following an application by Attorney General in form of notice of motion proscribes FDC and Dr. Kizza Besigye from organizing any procession anywhere in Uganda for the next four weeks.

The Attorney General also wanted court to stop proceedings in the High Court where Besigye sued police chief, Gen. Kale Kayihura, pending determination of the main application for a temporary injunction.

 

Under what FDC has labelled 'defiance campaign', it (FDC) had planned a demonstration on Thursday next week, starting at its head office in Najanankumbi on Entebbe road to Nakivubo Blue primary school.

Other processions had planned in other parts of the country.  Kavuma's interim order which Besigye says has far reaching implications on inalienable constitutional rights of FDC supporters bars FDC from holding media briefings.

The import of the interim order also means that FDC's weekly prayers will have to cease henceforth.

"I am horrified to hear that a court can make an order with far reaching restrictions on rights of citizens ex-parte. It was not that heaven was caving in. This will certainly be defied because it’s illegal," Besigye told the press at his home in Kasangati-Wakiso district.

Citing Article 43 of the constitution which makes it clear that some rights in chapter four of the constitution are not absolute, Besigye sought to underscore how flawed "Kavuma's orders are."

 

Article 43 notes that individual rights can be derogated from in furtherance of public interest. However, the constitution provision defines public interest not to include "political persecution and detention without trial."

The provision also notes that any limitation on the enjoyment of rights enshrined in the constitution must be demonstrably justifiable in a free and democratic society.

Besigye avers that the interim order issued by Kavuma amounts to political persecution and that it’s not demonstrably justifiable.

 

 

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