Court stops registration of parties

Jan 16, 2003

THE Constitutional Court yesterday suspended the registration of political parties, pending the disposal of a petition that seeks to overturn the Political Parties and Organisations Act (PPOA).

By Hillary Nsambu

THE Constitutional Court yesterday suspended the registration of political parties, pending the disposal of a petition that seeks to overturn the Political Parties and Organisations Act (PPOA).

With a 4-1 majority decision, the court said there was merit in the application brought by pro-multiparty activists, seeking the suspension of the Act.

Under the law, yesterday, January 16, was the deadline for all political parties to register anew or cease to exist.

Justices Galdino M. Okello, Alice Mpagi-Bahigeine, Stephen George Engwau and Christine B.N. Kitumba concurred in allowing the request.

But Justice Constance Kategaya Byamugisha dissented. The judgment of the dissenting Justice was not read.

The application was brought by Dr James Rwanyarare, the chairman of the UPC presidential policy commission, Haji Badru Kendo Wegulo, Yusuf Nsubuga Nsambu, Ken Lukyamuzi and James Garuga Musinguzi. The others are Maj Rubaramira Ruranga, Francis Gureme, Karuhanga Chaapa, Hussein Kyanjo and John Jean Barya.

The court said the fundamental rights of the petitioners were being threatened by the Act.

The justices dismissed the Attorney General’s argument that to grant a stay of the provisions of the Act, would amount to granting an injunction against the Government, which is illegal.

In a 10-page ruling, read by Justice Engwau, the court said the 1995 Constitution ushered in the administration of justice a fundamental change.

They agreed with Peter Mukidi Walubiri and Kiyemba Mutale, the applicants’ lawyers, that a stay or suspension of the operation of the law to stop the violation of peoples rights and freedoms, was not an injunction against the Government. They also concurred with the lawyers that the order being sought was merely to preserve the status quo as the constitutionality of the law in question was being investigated.

They said under the 1995 Constitution, judicial power is derived from the people and is exercised by the courts.

“This is an important innovation of justice because the emphasis is on the people. Judicial power is now derived from the sovereign people of Uganda and is to be administered in their names,” they added.

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