What does the Govt’s withdrawal mean?
Jul 08, 2004
<br>GOVERNMENT recently withdrew from the Supreme Court an appeal on the Political Parties and Organisations Act (POA).
By Hamis Kaheru
GOVERNMENT recently withdrew from the Supreme Court an appeal on the Political Parties and Organisations Act (POA). The appeal sought to challenge the judgement of the Constitutional Court that nullified sections 18 and 19 of POA. Under the two sections, parties were not allowed to sponsor candidates in elections, to open branches or to hold rallies. The petitioners, Democratic Party (DP) boss Paul Ssemogerere and five others, argued that restrictions under the two sections violated citizens’ constitutional rights of association and expression while favouring the Movement. The Constitutional Court agreed with Ssemogerere and on March 21, 2002 declared sections 18 and 19 of POA unconstitutional, null and void. The court also ruled that the Movement was not a system but a political organisation. Unhappy about the judgement, government quickly filed an appeal in the Supreme Court but which it withdrew on June 21. What does the withdrawal means? Former Uganda Law Society (ULS) president Andrew Kasirye says parties are now free to sponsor candidates, hold rallies and open branches.
“There are no restrictions now. Sections 18 and 19 are no longer part of the law because court nullified them and released the parties,†Kasirye says.
DP lawyer Erias Lukwago says, “Government has finally conceded and accepted the court verdict which said in effect that the Movement is operating as a political party. And the most important aspect of the ruling was that Movement was operating as a one-party state.â€
Kasirye disagrees with arguments that Parliament must formally repeal sections 18 and 19 for them to cease to be law. “Those who are saying that don’t know what they are talking about. Those sections have no legal effect. They are not part of the law. Court has powers in the Constitution to make pronouncements on any law,†Kasirye says. The two lawyers argue that if a political party held a rally today it would be breaching no law and would not have to seek permission.
But the Solicitor General, Lucien Tibaruha, says parties will only be allowed to hold rallies if they register otherwise they don’t exist.
“The critical thing now is registration because even the Constitution says they should register. We cannot allow anarchy. Before they register, they are not allowed to do so (hold rallies),†Tibaruha says.
Article 72(2) says, “An organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in this Constitution and it is registered.â€
UPC lawyer Peter Walubiri rejects Tibaruha’s interpretation, saying the old parties were preserved by Article 270 of the constitution.
Article 270 says the political parties which existed “immediately before the coming into force of the constitution shall continue to exist and operate in conformity with the provisions of the constitution until Parliament makes laws relating to registration of political parties and organisations.â€
Walubiri says the Constitutional Court issued an injunction in the James Rwanyarare & Others Vs AG petition (No. 7 of 2002) that stopped mandatory registration of parties. Hearing resumes on July 19th.
And what does Katumba Wamala say as the man who heads the policemen and women famous for breaking up opposition rallies?
I am yet to get guidance from the Solicitor General,†says Katumba Wamala. But would he let DP have a rally at City Square tomorrow? No, he says. Katumba says that before the POA appeal was withdrawn he had received guidelines from the late Attorney General, Francis Ayume, to the effect that parties should not be allowed to hold rallies if they were not registered. “If a party registered today, even tomorrow it can call a rally. Until I get new guidelines the status quo remains,†Katumba says. In the April 28, 2003 guidelines, Ayume said parties had to register under Article 72 of the constitution for them to exist and operate.
He said Article 270 of the constitution allowed old parties to continue to exist and operate until Parliament made a law relating to registration of parties. He said this law was in place, in form of Sections 6(1) of POA, had not been challenged in court and it had to be complied with. Late Ayume also addressed the Rwanyarare injunction which suspended application of section 6(3) and (4) of POA requiring old parties to register within six months.
The injunction, Ayume said, meant that DP, UPC, CP and UPM could register at any time without incurring any penalty for non-registration within six months.
“All political parties and organisations whether old or new can only exist and operate after registering and paying the necessary registration fees,†Ayume said in the guidelines. These are the guidelines Katumba Wamala is following, which are in line with Tibaruha’s interpretation. This means that we shall not see a DP or UPC rally soon although the parties have won the court battle. Even after a new POA without restrictions has been enacted in September, the old parties will not be able to hold rallies or carry out any activities unless they register because Article 72(2) of the Constitution is not going to be repealed. Therefore, the refusal to register only helps to keep the parties in the dock.
Kasirye agrees: “That part of the law (requiring registration) was not nullified. Registration is part of the regulations in Article 72(3).†For Lukwago, for Article 72 to come into operation we must first be under a multiparty.
“We must go through a transition from a one-party structure to multiparty because even if parties register today they can not function under a one-party structure which is what we have today,†Lukwago says.
“So the transition we are talking about is not from the Movement system to multiparty but from one-party state to democratic pluralistic structure.â€
Walubiri says government can only continue to use force to prevent rallies but not the law.
“Parties are free to hold rallies but NRM has been using force to stop them.
But because they know that there is no law being contradicted by people holding rallies, they can’t dare take anybody to court,†Walubiri says.
Whatever the case, it seems the only way forward for parties is to register otherwise they will not be able to operate fully or freely.
Ends
GOVERNMENT recently withdrew from the Supreme Court an appeal on the Political Parties and Organisations Act (POA). The appeal sought to challenge the judgement of the Constitutional Court that nullified sections 18 and 19 of POA. Under the two sections, parties were not allowed to sponsor candidates in elections, to open branches or to hold rallies. The petitioners, Democratic Party (DP) boss Paul Ssemogerere and five others, argued that restrictions under the two sections violated citizens’ constitutional rights of association and expression while favouring the Movement. The Constitutional Court agreed with Ssemogerere and on March 21, 2002 declared sections 18 and 19 of POA unconstitutional, null and void. The court also ruled that the Movement was not a system but a political organisation. Unhappy about the judgement, government quickly filed an appeal in the Supreme Court but which it withdrew on June 21. What does the withdrawal means? Former Uganda Law Society (ULS) president Andrew Kasirye says parties are now free to sponsor candidates, hold rallies and open branches.
“There are no restrictions now. Sections 18 and 19 are no longer part of the law because court nullified them and released the parties,†Kasirye says.
DP lawyer Erias Lukwago says, “Government has finally conceded and accepted the court verdict which said in effect that the Movement is operating as a political party. And the most important aspect of the ruling was that Movement was operating as a one-party state.â€
Kasirye disagrees with arguments that Parliament must formally repeal sections 18 and 19 for them to cease to be law. “Those who are saying that don’t know what they are talking about. Those sections have no legal effect. They are not part of the law. Court has powers in the Constitution to make pronouncements on any law,†Kasirye says. The two lawyers argue that if a political party held a rally today it would be breaching no law and would not have to seek permission.
But the Solicitor General, Lucien Tibaruha, says parties will only be allowed to hold rallies if they register otherwise they don’t exist.
“The critical thing now is registration because even the Constitution says they should register. We cannot allow anarchy. Before they register, they are not allowed to do so (hold rallies),†Tibaruha says.
Article 72(2) says, “An organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in this Constitution and it is registered.â€
UPC lawyer Peter Walubiri rejects Tibaruha’s interpretation, saying the old parties were preserved by Article 270 of the constitution.
Article 270 says the political parties which existed “immediately before the coming into force of the constitution shall continue to exist and operate in conformity with the provisions of the constitution until Parliament makes laws relating to registration of political parties and organisations.â€
Walubiri says the Constitutional Court issued an injunction in the James Rwanyarare & Others Vs AG petition (No. 7 of 2002) that stopped mandatory registration of parties. Hearing resumes on July 19th.
And what does Katumba Wamala say as the man who heads the policemen and women famous for breaking up opposition rallies?
I am yet to get guidance from the Solicitor General,†says Katumba Wamala. But would he let DP have a rally at City Square tomorrow? No, he says. Katumba says that before the POA appeal was withdrawn he had received guidelines from the late Attorney General, Francis Ayume, to the effect that parties should not be allowed to hold rallies if they were not registered. “If a party registered today, even tomorrow it can call a rally. Until I get new guidelines the status quo remains,†Katumba says. In the April 28, 2003 guidelines, Ayume said parties had to register under Article 72 of the constitution for them to exist and operate.
He said Article 270 of the constitution allowed old parties to continue to exist and operate until Parliament made a law relating to registration of parties. He said this law was in place, in form of Sections 6(1) of POA, had not been challenged in court and it had to be complied with. Late Ayume also addressed the Rwanyarare injunction which suspended application of section 6(3) and (4) of POA requiring old parties to register within six months.
The injunction, Ayume said, meant that DP, UPC, CP and UPM could register at any time without incurring any penalty for non-registration within six months.
“All political parties and organisations whether old or new can only exist and operate after registering and paying the necessary registration fees,†Ayume said in the guidelines. These are the guidelines Katumba Wamala is following, which are in line with Tibaruha’s interpretation. This means that we shall not see a DP or UPC rally soon although the parties have won the court battle. Even after a new POA without restrictions has been enacted in September, the old parties will not be able to hold rallies or carry out any activities unless they register because Article 72(2) of the Constitution is not going to be repealed. Therefore, the refusal to register only helps to keep the parties in the dock.
Kasirye agrees: “That part of the law (requiring registration) was not nullified. Registration is part of the regulations in Article 72(3).†For Lukwago, for Article 72 to come into operation we must first be under a multiparty.
“We must go through a transition from a one-party structure to multiparty because even if parties register today they can not function under a one-party structure which is what we have today,†Lukwago says.
“So the transition we are talking about is not from the Movement system to multiparty but from one-party state to democratic pluralistic structure.â€
Walubiri says government can only continue to use force to prevent rallies but not the law.
“Parties are free to hold rallies but NRM has been using force to stop them.
But because they know that there is no law being contradicted by people holding rallies, they can’t dare take anybody to court,†Walubiri says.
Whatever the case, it seems the only way forward for parties is to register otherwise they will not be able to operate fully or freely.
Ends