Govt appeals court ruling
Jun 29, 2004
Government has lodged a notice of appeal to the Supreme Court against the ruling of the Constitutional Court that nullified
By vision reporters
Government has lodged a notice of appeal to the Supreme Court against the ruling of the Constitutional Court that nullified the 2000 referendum on political systems.
Justice and constitutional affairs minister Janat Mukwaya yesterday told Parliament that the Attorney General’s Chambers studied the judgement and decided to appeal. Mukwaya also stopped debate on the matter, saying it was subjudice.
President Yoweri Museveni on Sunday said the Government would not accept the court verdict because it usurped people’s power.
Mukwaya said the judgement did not impinge on the Executive’s power to govern the country.
Civil Litigation acting chief Joseph Masiko filed the notice on Monday and wrote a letter requesting for the proceedings of the Constitutional Court. It was filed at the Court of Appeal and the petition will be heard by the Supreme Court.
The notice said, “Take Notice that the Attorney General being dissatisfied with the decisions of their Lordships Hon. Mr. Justice G.M. Okello, Hon. Lady Justice A.E.N Mpagi-Bahigeine, Hon. Mr. Justice S.G. Engwau, Hon. Mr. Justice A. Twinomujuni and Hon. Lady Justice C.N.B. Kitumba, given at Kampala on the 25th day of June 2004 intends to appeal against the whole of the said decision.â€
Masiko said DP chief Paul Ssemogerere who got the act nullified
had been served with the notice.
The ruling said the Referendum Act was null and void because its enactment bypassed procedures and that the referendum held under the Act was invalid.
But Mukwaya said the court did not declare the Movement political system, the government and Parliament illegal.
She said the appeal showed government’s respect and commitment to the rule of law.
Deputy Speaker Rebecca Kadaga said the Parliamentary Commission was addressing issues raised in the ruling.
The mood in Parliament yesterday was charged after several MPs were denied entry via the main gate by the mob. The main gate, manned by the Police, was later locked and entrance was through the rear gate. A patrol Police vehicle was parked nearby to stop demonstrators from entering Parliament.
MPs questioned why the internal affairs minister did not stop the demonstration. Odonga Otto said, “The state mobilised people to demonstrate against a ruling they did not understand.â€
John Kawanga (Masaka Municipality) said, “The President’s statement showed a confrontation with the Judiciary. We must respect what each arm of government does and also respect the personalities.â€
John Odit (Erute South) compared the situation to Hitler’s socialist party in 1933 which purported to act for the people. “To pick out issues of the State and start employing lumpens to make our point, then we are getting into problems.
“You cannot have a monopoly of power for 100 years. The Roman Empire, which was so strong, collapsed. We should go back to the rule of law other than getting people who are ignorant to support your ideals.â€
Full statement on the National page
Government has lodged a notice of appeal to the Supreme Court against the ruling of the Constitutional Court that nullified the 2000 referendum on political systems.
Justice and constitutional affairs minister Janat Mukwaya yesterday told Parliament that the Attorney General’s Chambers studied the judgement and decided to appeal. Mukwaya also stopped debate on the matter, saying it was subjudice.
President Yoweri Museveni on Sunday said the Government would not accept the court verdict because it usurped people’s power.
Mukwaya said the judgement did not impinge on the Executive’s power to govern the country.
Civil Litigation acting chief Joseph Masiko filed the notice on Monday and wrote a letter requesting for the proceedings of the Constitutional Court. It was filed at the Court of Appeal and the petition will be heard by the Supreme Court.
The notice said, “Take Notice that the Attorney General being dissatisfied with the decisions of their Lordships Hon. Mr. Justice G.M. Okello, Hon. Lady Justice A.E.N Mpagi-Bahigeine, Hon. Mr. Justice S.G. Engwau, Hon. Mr. Justice A. Twinomujuni and Hon. Lady Justice C.N.B. Kitumba, given at Kampala on the 25th day of June 2004 intends to appeal against the whole of the said decision.â€
Masiko said DP chief Paul Ssemogerere who got the act nullified
had been served with the notice.
The ruling said the Referendum Act was null and void because its enactment bypassed procedures and that the referendum held under the Act was invalid.
But Mukwaya said the court did not declare the Movement political system, the government and Parliament illegal.
She said the appeal showed government’s respect and commitment to the rule of law.
Deputy Speaker Rebecca Kadaga said the Parliamentary Commission was addressing issues raised in the ruling.
The mood in Parliament yesterday was charged after several MPs were denied entry via the main gate by the mob. The main gate, manned by the Police, was later locked and entrance was through the rear gate. A patrol Police vehicle was parked nearby to stop demonstrators from entering Parliament.
MPs questioned why the internal affairs minister did not stop the demonstration. Odonga Otto said, “The state mobilised people to demonstrate against a ruling they did not understand.â€
John Kawanga (Masaka Municipality) said, “The President’s statement showed a confrontation with the Judiciary. We must respect what each arm of government does and also respect the personalities.â€
John Odit (Erute South) compared the situation to Hitler’s socialist party in 1933 which purported to act for the people. “To pick out issues of the State and start employing lumpens to make our point, then we are getting into problems.
“You cannot have a monopoly of power for 100 years. The Roman Empire, which was so strong, collapsed. We should go back to the rule of law other than getting people who are ignorant to support your ideals.â€
Full statement on the National page