Ayume loses plea over parties case
Nov 05, 2002
THE Constitutional Court yesterday rejected the Attorney General’s request to dismiss as time barred the petition by Dr. James Rwanyarare that challenges the constitutionality of the Political Parties and Organisations Act (PPOA).
By Hillary Nsambu
THE Constitutional Court yesterday rejected the Attorney General’s request to dismiss as time barred the petition by Dr. James Rwanyarare that challenges the constitutionality of the Political Parties and Organisations Act (PPOA).
Francis Ayume had on October 28, asked the Constitutional Court to dismiss the petition, saying it had been brought to court after the 30-day prescribed period.
When the Attorney General (AG) requested for a stay of the proceedings of the petition, pending his appeal against the ruling, again the court dismissed it, saying the request was misconceived and he had no automatic right of appeal and no permission had been sought to bring the request.
Following the dismissal of the AG’s applications, the Justices, Galdino M. Okello (chairman), Alice Mpagi-Bahigeine, George Engwau, Amos Twinomujuni and Christine Kitumba set November 18 for hearing the main petition.
In their ruling, the justices said the PPOA came into force on July 17, 2002 when it was published in the gazette and not when the President assented to it.
“In the Political Parties and Organisations Act, the designated date of commencement and the date of publication in the gazette were the same (July 17, 2002),†they said in their ruling.
The justices said it was fair to hold that the date of perception of a Constitutional breach by an Act of Parliament is the date it comes into force, not the date the petitioner becomes aware of it, because one is presumed to be aware of it right from the date it came into force.
THE Constitutional Court yesterday rejected the Attorney General’s request to dismiss as time barred the petition by Dr. James Rwanyarare that challenges the constitutionality of the Political Parties and Organisations Act (PPOA).
Francis Ayume had on October 28, asked the Constitutional Court to dismiss the petition, saying it had been brought to court after the 30-day prescribed period.
When the Attorney General (AG) requested for a stay of the proceedings of the petition, pending his appeal against the ruling, again the court dismissed it, saying the request was misconceived and he had no automatic right of appeal and no permission had been sought to bring the request.
Following the dismissal of the AG’s applications, the Justices, Galdino M. Okello (chairman), Alice Mpagi-Bahigeine, George Engwau, Amos Twinomujuni and Christine Kitumba set November 18 for hearing the main petition.
In their ruling, the justices said the PPOA came into force on July 17, 2002 when it was published in the gazette and not when the President assented to it.
“In the Political Parties and Organisations Act, the designated date of commencement and the date of publication in the gazette were the same (July 17, 2002),†they said in their ruling.
The justices said it was fair to hold that the date of perception of a Constitutional breach by an Act of Parliament is the date it comes into force, not the date the petitioner becomes aware of it, because one is presumed to be aware of it right from the date it came into force.