Court blocks Nyanzi's mental examination

Dr. Stella Nyanzi took down notes as she followed proceedings in court on Tuesday. (Credit: Tony Rujuta)

COURT

KAMPALA - Buganda Road Chief Magistrates Court temporarily rejected a move by government to subject Makerere researcher Dr. Stella Nyanzi to mental examination at Butabika hospital on Tuesday.

This means that proceedings against Nyanzi under the Mental Treatment Act (MTA) 1938 will not proceed, pending the determination of Nyanzi's petition at the Constitutional Court.

But she will only stand trial on charges of cyber harassment and offensive communication, slated to start next month.

"I have evaluated the uncontroverted evidence by affidavit from Dr. Nyanzi and I am satisfied that this is a good case for stay of proceedings under the MTA to allow the Constitutional Court exercise her jurisdiction without this court rendering the applicants petition nugatory," ruled chief magistrate Ereemye Jumire James Mawanda.

In the Constitutional Court, Nyanzi is challenging the legality and constitutionality of the impugned provisions of the MTA.

On April 10, 2017, the 42-year-old researcher was charged with two counts of cyber harassment and offensive communication under sections 24 and 25 of the Computer Misuse Act, 2011 before the Magistrate's court.

"It is my considered view that Nyanzi's Facebook post does not fall within the ambit of the violation of the sub-judice rule or contempt of court to warrant cancellation of her bail," the magistrate also ruled.

According to Mawanda, the sub-judice rule is intended to stop the public, media and all other persons from engaging in discussions of the merits and demerits of the case before court.