Court orders all parties to register
Nov 17, 2004
Political parties and organisations must register within six months from yesterday, the Constitutional Court has ordered
By Alfred Wasike and Hillary Nsambu
Political parties and organisations must register within six months from yesterday, the Constitutional Court has ordered.
This followed a petition by opposition politicians challenging the Political Parties and Organisations Act (POA), as unconstitutional.
Opposition parties had refused to register under the POA on grounds that it violated freedom of assembly and association and would not allow them to reach their supporters.
The court said an organisation interested in taking over power should register to attain legal existence.
“any organisation which hopes to compete for political power in this country and to be accountable to its members should be a body corporate. It should be able to own property, sue and be sued in its own name,†the judges said.
However, the parties were victorious in a number of areas. They will be free to hold delegates conferences and they can choose as their leader a Ugandan who has lived outside the country for three years.
They had complained about Section 13(b) of the POA, which it bars Ugandans who have lived outside the country for three or more years, to participate in government.
“We have no doubt that the provision contains a restriction on the sacrosanct rights and freedoms of a citizen that should not be permitted to stand in a free and democratic country like ours. It is therefore null and void,†the judges said.
Justices Stephen Engwau, Amos Twinomujuni, Christine Kitumba and Constance Byamugisha, led by Alice Bahigeine, presided over the case.
The judges rejected the petitioners’ claim that Section 6 of the POA that requires existing parties to register as bodies corporate within six months violated the constitution.
“The requirement does not apply to existing political parties alone. It is a requirement for all parties to register under the Act. Mr. Walubiri, the petitioners’ lawyer, did not articulate reasons why this is objectionable except to say that parties should be allowed to associate in any form,†they said.
Court said registration would “help to reduce trifling parties which were formed for financial gain and had no fixed abode or address.â€
Political parties and organisations must register within six months from yesterday, the Constitutional Court has ordered.
This followed a petition by opposition politicians challenging the Political Parties and Organisations Act (POA), as unconstitutional.
Opposition parties had refused to register under the POA on grounds that it violated freedom of assembly and association and would not allow them to reach their supporters.
The court said an organisation interested in taking over power should register to attain legal existence.
“any organisation which hopes to compete for political power in this country and to be accountable to its members should be a body corporate. It should be able to own property, sue and be sued in its own name,†the judges said.
However, the parties were victorious in a number of areas. They will be free to hold delegates conferences and they can choose as their leader a Ugandan who has lived outside the country for three years.
They had complained about Section 13(b) of the POA, which it bars Ugandans who have lived outside the country for three or more years, to participate in government.
“We have no doubt that the provision contains a restriction on the sacrosanct rights and freedoms of a citizen that should not be permitted to stand in a free and democratic country like ours. It is therefore null and void,†the judges said.
Justices Stephen Engwau, Amos Twinomujuni, Christine Kitumba and Constance Byamugisha, led by Alice Bahigeine, presided over the case.
The judges rejected the petitioners’ claim that Section 6 of the POA that requires existing parties to register as bodies corporate within six months violated the constitution.
“The requirement does not apply to existing political parties alone. It is a requirement for all parties to register under the Act. Mr. Walubiri, the petitioners’ lawyer, did not articulate reasons why this is objectionable except to say that parties should be allowed to associate in any form,†they said.
Court said registration would “help to reduce trifling parties which were formed for financial gain and had no fixed abode or address.â€