Court petitioned over amnesty law

By Andante Okanya

A city lawyer John Magezi has petitioned the High Court in Kampala, seeking to quash two Government statutory instruments on the Amnesty Act that replaced the expired blanket pardon to rebels.

The application for judicial review filed on August 23 is against the Attorney General (AG) Peter Nyombi, and Internal Affairs minister (Hillary Onek). Through Magezi, Ibale and Company Advocates, the lawyer contends that the Statutory Instruments 34 and 35 of 2012 and, dated May 23, 2012, are inconsistent with the Amnesty Act.

Judicial review is conducted by the High Court in relation to proceedings plus decisions taken by subordinate courts, persons, and inferior tribunals or public bodies.

The expiry of the Act implied that rebels that come after will have to go through the tedious judicial processes.  In May this year, Internal Affairs minister Hillary Onek disclosed that the ministry had used its statutory power to issue the instruments.

But Magezi asserts that the the legal position of the  Amnesty Act was settled by the landmark September 22, 2011 ruling made by the Constitutional Court in the Thomas Kwoyelo case. The court ruled that the Act was not contrary to the Constitution of Uganda.

The petition is supported by an affidavit sworn by Magezi, stating that he gauged the public reaction to the scrapping of blanket amnesty, and discovered that people were saddened by Government's move.

Magezi contends that the minister acted illegally, and that he should have sought consent of Parliament before issuing the instruments.

"It was for Parliament alone, and not the minister to alter the direction and contents of the Amnesty Act on the basis of any confirmed change in Government policy,"  Magezi contends, adding that Statutory instrument 3 constitutes a  usurpation of Parliament's sole prerogative  to  enact and  amend primary legislation.

He notes that Government's decision effectively hampers the work of Amnesty Commission, since it would no longer be able to receive, reintegrate and resettle ex-combatants. Magezi further notes that such a scenario leaves the commission without social safety nets.

Magezi wants each party to bear its own costs for the petition.Both the AG and Onek, are yet to respond.The case has been allocated to Justice Vincent Zehurikize. A hearing date is yet to be fixed.