Parties Now Free â€" Ayume
Apr 28, 2003
POLITICAL parties can now operate freely, the Attorney General, Francis Ayume, said yesterday.
By Solomon Muyita
POLITICAL parties can now operate freely, the Attorney General, Francis Ayume, said yesterday.
He told a press conference in Kampala yesterday that this was due to the March 21 ruling of the Constitutional Court.
Ayume, however, stressed that parties “whether old or new can only exist and operate after registering and paying the necessary registration fees.â€
He said no party had registered yet but some individuals or party officials had picked forms from the registry. He said the Police would intervene where unregistered parties continued to operate.
Ayume said the law still recognised the Movement as a political system. He added that the Constitutional Court judgement does not say the Movement does not exist.
The full text of Ayume’s statement is reproduced below.
“Because of the extensive public debate and interest generated by the judgement of the Constitutional Court in Constitutional Petition No. 5 of 2002 and its ruling in Constitutional Application No. 6 of 2002, I have deemed it prudent to inform the general public of the effect of the two decisions.
Effect of judgement in Constitutional Petition 5 of 2002
On March 21, 2002, the Constitutional Court gave judgement in Constitutional Petition No. 5 of 2002 where Mr. Paul Ssemogerere (DP President) and five others had petitioned the Constitutional Court for a declaration that sections 18 and 19 of the Political Parties and Organisations Act are unconstitutional, null and void.
In this judgement the Court held that sections 18 and 19 of the Political Parties and Organisations Act contravene the constitution and declared them null and void. I was not satisfied with the judgement and have filed a notice of appeal to the Supreme Court. This means that until the Supreme Court reverses this decision, the restrictions imposed on the political parties and organisations by sections 18 and 19 of the Act have been removed.
The effect of is that:
a) Political Parties and organisations are now free to sponsor or offer a platform to or in any way campaign for or against a candidate in any Presidential or Parliamentary election or any other election organised by the Electoral Commission;
b) A political party can now use its symbol, slogan, colour or name identifying it for the purpose of campaigning for or against any candidate in any election organised by the Electoral Commission;
c) A political party or Organisation can now open branches/offices in the districts and below;
d) A political party or organisation can now hold public meetings anywhere, convene meetings, seminars and conferences at all levels.
However, all the above can only be done by a political party or organisation which is registered as required by the Constitution and the Political Parties Organisations Act.
Article 72 (2) of the Constitution provides that an organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in the constitution and it is registered.
Ruling in the Constitutional Application No. 6 of 2002.
An application was made in the Constitutional Court by Dr. James Rwanyarare and nine others who are petitioners in Constitutional Petition No. 7 of 2002, seeking to suspend the application of sub-section 3 and 4 of section 6 of the Political Parties and Organisations Act.
These sub-sections required an existing political party or organisations to register within six months of the commencement of the Political Parties and Organisations Act, failure of which such political party or organisation ceases to exist.
The Constitutional Court ruled in favour of the applicant on January 16, 2003.
The effect of the ruling is that existing political parties i.e. UPC, DP, CP, and UPM can now register at any time from the commencement date of the Political Parties and Organisations Act, without incurring any penalty for non-registration within six months.
Article 270 of the Constitution only allowed the existing political parties to continue to exist and operate until Parliament made laws relating to registration of political parties and organisations. Section 6(1) of the Political Parties and Organisations Act requires every political party and organisation in Uganda to register.
Since the law is in place, existing Political Parties have to register and failure to do so means they cannot operate.
All political parties and organisations whether old or new can only exist and operate after registering and paying the necessary registration fees.â€
F.J. Ayume, MP
Attorney General
Ends
POLITICAL parties can now operate freely, the Attorney General, Francis Ayume, said yesterday.
He told a press conference in Kampala yesterday that this was due to the March 21 ruling of the Constitutional Court.
Ayume, however, stressed that parties “whether old or new can only exist and operate after registering and paying the necessary registration fees.â€
He said no party had registered yet but some individuals or party officials had picked forms from the registry. He said the Police would intervene where unregistered parties continued to operate.
Ayume said the law still recognised the Movement as a political system. He added that the Constitutional Court judgement does not say the Movement does not exist.
The full text of Ayume’s statement is reproduced below.
“Because of the extensive public debate and interest generated by the judgement of the Constitutional Court in Constitutional Petition No. 5 of 2002 and its ruling in Constitutional Application No. 6 of 2002, I have deemed it prudent to inform the general public of the effect of the two decisions.
Effect of judgement in Constitutional Petition 5 of 2002
On March 21, 2002, the Constitutional Court gave judgement in Constitutional Petition No. 5 of 2002 where Mr. Paul Ssemogerere (DP President) and five others had petitioned the Constitutional Court for a declaration that sections 18 and 19 of the Political Parties and Organisations Act are unconstitutional, null and void.
In this judgement the Court held that sections 18 and 19 of the Political Parties and Organisations Act contravene the constitution and declared them null and void. I was not satisfied with the judgement and have filed a notice of appeal to the Supreme Court. This means that until the Supreme Court reverses this decision, the restrictions imposed on the political parties and organisations by sections 18 and 19 of the Act have been removed.
The effect of is that:
a) Political Parties and organisations are now free to sponsor or offer a platform to or in any way campaign for or against a candidate in any Presidential or Parliamentary election or any other election organised by the Electoral Commission;
b) A political party can now use its symbol, slogan, colour or name identifying it for the purpose of campaigning for or against any candidate in any election organised by the Electoral Commission;
c) A political party or Organisation can now open branches/offices in the districts and below;
d) A political party or organisation can now hold public meetings anywhere, convene meetings, seminars and conferences at all levels.
However, all the above can only be done by a political party or organisation which is registered as required by the Constitution and the Political Parties Organisations Act.
Article 72 (2) of the Constitution provides that an organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in the constitution and it is registered.
Ruling in the Constitutional Application No. 6 of 2002.
An application was made in the Constitutional Court by Dr. James Rwanyarare and nine others who are petitioners in Constitutional Petition No. 7 of 2002, seeking to suspend the application of sub-section 3 and 4 of section 6 of the Political Parties and Organisations Act.
These sub-sections required an existing political party or organisations to register within six months of the commencement of the Political Parties and Organisations Act, failure of which such political party or organisation ceases to exist.
The Constitutional Court ruled in favour of the applicant on January 16, 2003.
The effect of the ruling is that existing political parties i.e. UPC, DP, CP, and UPM can now register at any time from the commencement date of the Political Parties and Organisations Act, without incurring any penalty for non-registration within six months.
Article 270 of the Constitution only allowed the existing political parties to continue to exist and operate until Parliament made laws relating to registration of political parties and organisations. Section 6(1) of the Political Parties and Organisations Act requires every political party and organisation in Uganda to register.
Since the law is in place, existing Political Parties have to register and failure to do so means they cannot operate.
All political parties and organisations whether old or new can only exist and operate after registering and paying the necessary registration fees.â€
F.J. Ayume, MP
Attorney General
Ends