Media institute petitions court over Penal Code Act
THE East Africa Media Institute (EAMI), Uganda Chapter, has petitioned the Constitutional Court to scrap sections of the Penal Code Act, saying they suffocate freedom of expression and other human rights.
By Hillary Nsambu
THE East Africa Media Institute (EAMI), Uganda Chapter, has petitioned the Constitutional Court to scrap sections of the Penal Code Act, saying they suffocate freedom of expression and other human rights.
EAMI is an NGO, whose objectives include to encourage, promote and support freedom of speech, other human rights and democratic governance.
The petition, filed by Kakuru and Company Advocates, is supported by an affidavit sworn in by Haruna Kanaabi, a founder member and national coordinator of EAMI.
It states that five sections of the Act contravene five articles of the Constitution.
Sections 39, 40, 42, 43 and 179 of the Penal Code Act under Chapter 120 of the revised laws concern seditious intentions, seditious offences, promoting sectarianism, power of courts to confiscate printing machines and prohibit publication and legal proceedings.
Section 179 concerns the definition of libel.
The petition says the sections conflict with the provisions of Article 29 of the Constitution, which guarantees protection of freedom of conscience, expression, movement, religion, assembly and association.
They also violate Article 30, which protects the right to education and Article 38, which talks of civic rights and activities.
Article 41 concerns the right to access to information.
The sections of the Act are not justifiable under a free and democratic society and are inconsistent with the Constitution and as such, they should be declared null and void, the petition says.
It contends that the sections of the Penal Code Act create vague offences that do not provide adequate guidelines as to how the people could avoid them.
THE East Africa Media Institute (EAMI), Uganda Chapter, has petitioned the Constitutional Court to scrap sections of the Penal Code Act, saying they suffocate freedom of expression and other human rights.
EAMI is an NGO, whose objectives include to encourage, promote and support freedom of speech, other human rights and democratic governance.
The petition, filed by Kakuru and Company Advocates, is supported by an affidavit sworn in by Haruna Kanaabi, a founder member and national coordinator of EAMI.
It states that five sections of the Act contravene five articles of the Constitution.
Sections 39, 40, 42, 43 and 179 of the Penal Code Act under Chapter 120 of the revised laws concern seditious intentions, seditious offences, promoting sectarianism, power of courts to confiscate printing machines and prohibit publication and legal proceedings.
Section 179 concerns the definition of libel.
The petition says the sections conflict with the provisions of Article 29 of the Constitution, which guarantees protection of freedom of conscience, expression, movement, religion, assembly and association.
They also violate Article 30, which protects the right to education and Article 38, which talks of civic rights and activities.
Article 41 concerns the right to access to information.
The sections of the Act are not justifiable under a free and democratic society and are inconsistent with the Constitution and as such, they should be declared null and void, the petition says.
It contends that the sections of the Penal Code Act create vague offences that do not provide adequate guidelines as to how the people could avoid them.