Ssemogerere wins constitution act petition
Jan 29, 2004
The Supreme Court yesterday nullified the first Constitutional (amendment) Act 13 of 2000.<br>The ruling set precedence which may effectively change the mode of voting in Parliament, dictate access to information in possession of the State and put a number of laws in the balance
By Anne Mugisa and Alfred Wasike
The Supreme Court yesterday nullified the first Constitutional (amendment) Act 13 of 2000.
The ruling set precedence which may effectively change the mode of voting in Parliament, dictate access to information in possession of the State and put a number of laws in the balance.
Democratic Party (DP) stalwarts, Dr. Paul Ssemogerere, Nwoya County MP Zachary Olum and Kibuku MP Rainer Kafiire won the case they lodged before the Supreme Court.
The nullification of the first constitutional amendment has implications on the future methods of amending the Constitution.
Amendments, if they go through the Parliament, would have to be passed by a two-thirds majority of eligible voters in the House and the voting would only have to be by either lobby or secret ballot, but no “ayes and naysâ€.
“The Uganda Constitution is therefore a rigid one as it cannot be amended easily. Although it is not cast in stone, it is intended to serve not only the present generation, but the generations yet to come,†Justice Odoki said in his ruling.
The petitioners appealed to the Supreme Court challenging, among others, the constitutionality of the Constitution (Amendment) Act No.13 of 2000 after losing the same petition in the Constitutional Court.
The coram of seven judges unanimously ruled that the Constitution (amendment) Act was passed in total disregard of the Constitution.
They said the amendment Bill was introduced to Parliament, debated, passed and assented to by the President on the same day contrary to the at least 14 working day between readings requirement.
The coram was led by Chief Justice Benjamin Odoki. The others were Justices George Kanyeihamba, Arthur Oder, Tsekooko, Karokora, Joseph Mulenga and Constance Byamugisha.
The Ssemogerere appeal has roots in the nullification of the first Referendum Act of 1999 by the Constitutional Court. Following the nullification, Parliament passed another law and also made the first amendment of the Constitution to allow for the new referendum law. Semogerere wil said he was proceeding with his second petition challenging the Referendum Act of 2000.
The overjoyed petitioners stamped their feet as the judges allowed, one by one, all their six grounds of contention. UPC stalwarts, Dr. James Rwanyarare, Night Kulabako and other DP heavy weights including mayor Ssebaana Kizito attended.
Conrad Adeneur Foundation chief, Wolfgang and officials from the British High Commission attended the session. The State was represented by principal state attorney, Joseph Matsiko.
“We have shown that parties are liberating themselves outside the framework of the so called government talks,†Ssemogerere said.
It was not possible to talk to the Attorney-General, Francis Ayume, or the Solicitor-General, Lucien Tibaruha.
The appellants’ lawyer, Joseph Balikuddembe, said; “This is a land mark judgement. Our voting system in Parliament must change from today. All the laws that were passed using that method are at risk of being nullified if they are challenged. Now MPs and other officers of Parliament are free to give evidence in courts using the Hansard without the permission of the Speaker.â€
Ssemogerere immediately invited people to a grand party to celebrate their victory, last evening at Gaba Beach Hotel.
The appellants also won costs of the appeal for both courts.
The Supreme Court yesterday nullified the first Constitutional (amendment) Act 13 of 2000.
The ruling set precedence which may effectively change the mode of voting in Parliament, dictate access to information in possession of the State and put a number of laws in the balance.
Democratic Party (DP) stalwarts, Dr. Paul Ssemogerere, Nwoya County MP Zachary Olum and Kibuku MP Rainer Kafiire won the case they lodged before the Supreme Court.
The nullification of the first constitutional amendment has implications on the future methods of amending the Constitution.
Amendments, if they go through the Parliament, would have to be passed by a two-thirds majority of eligible voters in the House and the voting would only have to be by either lobby or secret ballot, but no “ayes and naysâ€.
“The Uganda Constitution is therefore a rigid one as it cannot be amended easily. Although it is not cast in stone, it is intended to serve not only the present generation, but the generations yet to come,†Justice Odoki said in his ruling.
The petitioners appealed to the Supreme Court challenging, among others, the constitutionality of the Constitution (Amendment) Act No.13 of 2000 after losing the same petition in the Constitutional Court.
The coram of seven judges unanimously ruled that the Constitution (amendment) Act was passed in total disregard of the Constitution.
They said the amendment Bill was introduced to Parliament, debated, passed and assented to by the President on the same day contrary to the at least 14 working day between readings requirement.
The coram was led by Chief Justice Benjamin Odoki. The others were Justices George Kanyeihamba, Arthur Oder, Tsekooko, Karokora, Joseph Mulenga and Constance Byamugisha.
The Ssemogerere appeal has roots in the nullification of the first Referendum Act of 1999 by the Constitutional Court. Following the nullification, Parliament passed another law and also made the first amendment of the Constitution to allow for the new referendum law. Semogerere wil said he was proceeding with his second petition challenging the Referendum Act of 2000.
The overjoyed petitioners stamped their feet as the judges allowed, one by one, all their six grounds of contention. UPC stalwarts, Dr. James Rwanyarare, Night Kulabako and other DP heavy weights including mayor Ssebaana Kizito attended.
Conrad Adeneur Foundation chief, Wolfgang and officials from the British High Commission attended the session. The State was represented by principal state attorney, Joseph Matsiko.
“We have shown that parties are liberating themselves outside the framework of the so called government talks,†Ssemogerere said.
It was not possible to talk to the Attorney-General, Francis Ayume, or the Solicitor-General, Lucien Tibaruha.
The appellants’ lawyer, Joseph Balikuddembe, said; “This is a land mark judgement. Our voting system in Parliament must change from today. All the laws that were passed using that method are at risk of being nullified if they are challenged. Now MPs and other officers of Parliament are free to give evidence in courts using the Hansard without the permission of the Speaker.â€
Ssemogerere immediately invited people to a grand party to celebrate their victory, last evening at Gaba Beach Hotel.
The appellants also won costs of the appeal for both courts.