Court asked to quash public order Bill

By Andante Okanya and Moses Walubiri

KAMPALA - Butambala MP Muwanga Kivumbi has petitioned the Constitutional Court to quash the public order management Bill 2011, arguing that it is a "ploy" by Government to "smuggle back" a clause in the Police Act that was expunged by the court in 2005.

In the constitutional petition filed at the court in Kampala on March 28, Kivumbi avers that the Inspector General of Police (IGP) has continued to exercise powers under Section 32 of the Uganda Police Act, which the Constitutional Court declared unconstitutional in 2005.

Government chief legal advisor the Attorney General is listed as the key respondent in the petition.

Through Alaka and Company Advocates, Kivumbi, the brain behind the landmark Constitutional petition number 9 of 2005 (Muwanga  Kivumbi versus Attorney General), has listed the purported unlawful acts committed by the IGP. Lt. Gen. Kale Kayihura.

Kivumbi, who has sworn an affidavit in support of the petition, states that the law as it is requires Police permission before organising a public gathering or procession.

He wants the court to permanently restrain the IGP from "arrogating himself powers to grant or deny permission to those who wish to assemble."

He also laments that Police is selectively granting permission to only the ruling party supporters, and denying the same to the opposition parties and civil society organisations.

"As an MP, I am aware that government has introduced the bill which seeks to circumvent the effect of the constitutional court  whereby the  Inspector General of Police is clothed with the same powers under the impugned section 32 of the Uganda Police Act," Kivumbi states.

He notes that the law gives the IGP powers to approve all public gatherings that exceeed three people.

Muwanga told New Vision that his petition is anchored in Article 92 of the constitution which bars parliament from enacting laws that ignore Constitutional or High Court rulings.

Uganda's constitution deems the right to assembly "an inalienable freedom" whose restriction must be demonstrably justified under a free democratic society.

However, Government has defended its stance on those holding public gatherings or demonstrations to notify the IGP a week in advance, highlighting the need to guarantee security to those in attendance.

Whereas government insists the bill is aimed at guiding, regulating and controlling public gatherings, assemblies, processions and meetings, the opposition has maintained it is a ploy to further constrict the political space by putting their right to hold rallies at the whims of the IGP.

President Yoweri Museveni has before voiced his support for the bill, saying it will subdue rioters who destroy people's property under pretext of demonstrating, seen during the opposition's  'walk-to-work' demonstrations last year.

During a caucus meeting of the ruling NRM over the bill early this year, however, a number of legislators rejected the provision about mandatory notification of the IGP about any intended demonstrations or public gatherings.

With MPs back after a two week recess, the House will soon deliberate on the bill again.