Low turnout in age limit case stuns Mabirizi

Nov 05, 2019

"I request all Ugandans believing in the rule of law and constitutionalism to pick interest in the case,” says the lawyer.

COURT

KAMPALA - The lawyer challenging the removal of Uganda's presidential age limit at the East African Court of Justice (EACJ) has expressed concern over the low turnout of Ugandans at the commencement of the hearing of the case in Arusha, Tanzania.

On Tuesday, Hassan Male Mabirizi told reporters at the EACJ sub-registry in Kampala that only one Ugandan appeared in court.

"I was shocked that only one Ugandan appeared in court on this important matter. I therefore request all Ugandans believing in the rule of law and constitutionalism to pick interest in the case," he said.

On May 3 this year, Mabirizi filed a reference at the EACJ seeking a declaration that the process of passing and assenting to the Age Limit Act did not comply with Articles 6 and 7 of the Treaty for Establishment of the East African Community.

This followed a Supreme Court verdict in which majority justices (4:3) dismissed an appeal in the matter, arguing that despite several breaches which occurred during the tabling, debating and passing of the bill, it had no substantive effect on the process of the entire enactment of the Act.

Chief Justice Bart Katureebe, Stella Arach Amoko, Rubby Aweri and Jotham Tumwesigye upheld the appeal while Eldad Mwangusya, Lilian Tibatemwa- Ekirikubinza and Paul Mugamba dissented.

Article 6 and 7 of the said treaty emphasise good governance, including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and people's rights in accordance with the provisions of the African Charter on Human and Peoples' Rights.

Donning a EACJ T-shirt, Mabirizi disclosed that he has also chosen to withdraw an application in which he wanted President Yoweri Museveni, Katureebe, Amoko, Aweri and Tumwesigye to avail him with their bio-data.

"I took a decision to withdraw my application for documents because court was to determine it next year before which no other step would be taken in the main case which I saw as time wasting yet I want to see the case quickly determined."

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