Citizens petition Constitutional Court over age limit

Sep 29, 2016

They want the court to restrain the Attorney General (AG) and other organs or agencies from carrying out any compulsory retirement of any person from employment or public service.

PIC: The chairman Muyenga Community Policing, Yasin Omar (right) speaking to journalists during a press briefing at the Muyenga Resort Hotel, September 26,2016. Left is his lawyer, Najib Mujuzi. Photos by Eddie Ssejjoba

A group calling itself ‘Concerned citizens' has filed a petition seeking a temporally injunction in the Constitutional Court to stop mandatory retirement of civil servants on the basis of their age, until the hearing and final disposal of the main petition in the same court.

They want the court to restrain the Attorney General (AG) and other organs or agencies from carrying out any compulsory retirement of any person from employment or public service.

The application, filed by Najib Mujuzi of Mujuzi and Company Advocates on September 21, follows the main petition filed on the same date challenging the constitutionality of various provisions of the law that provide for the mandatory retirement of judges, teachers, political leaders and other officials on the basis of their age.

They argue that the nation stands to lose in terms of 'valuable' skilled manpower if the respondents (AG and other organs) are not restrained in continuing to carry out mandatory retirements.

 he chairman uyenga ommunity olicing asin mar right and his lawyer ajib ujuzi during a press briefing at the uyenga esort otel eptember 262016 eft is able amutebi one of the petitioners The chairman Muyenga Community Policing, Yasin Omar (right) and his lawyer, Najib Mujuzi during a press briefing at the Muyenga Resort Hotel, September 26,2016. Left is Mable Namutebi, one of the petitioners.

 
In their main petition, which is yet to be heard, the petitioners who include Yasin Omar, the chairperson Muyenga Community Policing, Peter Ndyomugyenyi and Mable Namutebi want the person of the President and his vice who are mandated to retire at the age of 75 to benefit from this petition.

Addressing journalists at Muyenga Resort Hotel on Monday, Mujuzi showed documents indicating that on Monday the AG had received a copy of their petition and were waiting for court to fix hearing of their application for the temporally injunction.

Omar and group argue in their petition that Section 12(1) of the Pensions Act which provides for compulsory or mandatory retirement of all public officers on attaining age 60 amounts to 'ageism or discrimination on the basis of one's age'.  

According to the petitioners, the section is inconsistent with and or is in contravention of several articles of the Constitution, which include Article 1(4), 8A, 20, 21(2) and others.

They also contest the same section that affects other senior public servants including the Chief Justice, his deputy and Justices of the Court of Appeal who must retire at the age of 70 and Principal Judge and judges of the High Court on attaining 65 years of age.

The group objects articles 102 (b) and 108 (4), which prescribe the age limit of 75 years for the President and Vice-President.
In their petition, they also oppose Section 12 and 18 of the Local Government Act, which prescribe the age limit of district chairpersons and their deputies on attaining 75 years and 70 years respectively.  

The petitioners have also contested the minimum age of 35 years set by the constitution for one to serve or contest for the office of the President, Vice-President and district chairperson.

According to the petitioners, mandatory retirement age is not based on the 'actual physical evaluation of an individual person since one is not given the opportunity for a fair hearing'.

They state that mandatory retirement of officers was counter-productive since the same people continue to be employed in the private sector as consultants.

They want the public to continue benefitting from the skills of academicians, doctors, lecturers and other highly skilled personnel.

Omar who swore an affidavit in support of the petition told journalists that the petition had no political agenda and that it had been brought in good faith, without targeting on promoting any political leadership.

"Many civil servants, including lecturers will benefit from this petition whether one is FDC or NRM," he stated.

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