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Repressive policing law: scathing judgment by Uganda’s constitutional court

  • 2 April 20202 April 2020
  • by Carmel Rickard

One of Uganda’s most contentious laws has come under fire by that country’s constitutional court. A particularly repressive section giving the police power to prohibit all public gatherings and protest has been declared unconstitutional and the court’s majority took the opportunity to criticise the way police hound and harass any political gathering not called by the ruling party.

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The majority judgment of Uganda’s constitutional court in this challenge to the law that inhibited the right to gather and protest, reads like the stirring highpoint of some movie legal drama.

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World Day against the Death Penalty – editorial

  • 11 October 2019
  • by Carmel Rickard

Our lead story this week is the most extraordinary tale of one man’s devotion to judicial independence. It is about a judge in Thailand who decided on death rather than dishonouring his oath of office. But, like the two other stories, it is also about the death penalty.

Judge Khanakorn Pianchana had found he should acquit the accused on trial before him. Before he could deliver his judgment, however, the chief judge ordered him to change his verdict: Instead of acquittal, three of the accused were to be sentenced to death; the other two to life imprisonment. Had he agreed to this, not only would he have violated his oath of office in obedience to political demands, he would also have sent three people to death row, unconvinced that they were guilty.

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Controversial land inquiry warned on infringing judicial independence

  • 30 April 201930 April 2019
  • by Carmel Rickard

Tension between Uganda’s judiciary and a commission of inquiry headed by one of the judiciary’s own members has heightened following a new Court of Appeal decision. The appeal judgment refused to stay a huge, court-ordered payout to a local pastor and land broker, as ordered by the inquiry, and warned that the independence of the judiciary was at stake if court decisions and orders could be countermanded by a commission of inquiry.

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The commission of inquiry into land policies and administration in Uganda, headed by Judge Catherine Bamugemereire, has been at the centre of a number of high-profile disputes ever since it was set up.

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Litigate to improve popularity?

  • 14 March 201921 March 2019
  • by Carmel Rickard

This case related to a short-lived government tax on mobile money deposits. As Judge Ssekaana Musa explained, however, the issue involved had been sorted out well before the matter was argued, and the disputed provision withdrawn. So, what was the point in the litigation, asked the judge. Was it to boost the litigants’ popularity?

Judge Ssekaana Musa:

“I wonder why the applicants decided to file this application.  Was it over zealousness or trying to gain some popularity out of a court case?

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East African Law Society in plan to ease serious tensions between Rwanda, Uganda

  • 14 March 201921 March 2019
  • by Carmel Rickard

The 17 000-strong East African Law Society has this week thrown its weight behind efforts to reduce growing antagonism between Rwanda and Uganda. Under its new president, Willy Rubeya, the society has offered to help with mediation, so that the border between the neighbours may be fully opened again and tensions eased.

As tensions between Rwanda and Uganda heighten, a major lawyers’ organization in the region has stepped forward to offer its help in defusing the situation. This week saw tension escalating further, with several border points between the two countries closed by Rwanda. Kigali has warned its citizens not to travel to Uganda on the grounds that Uganda has detained and deported people from Rwanda. All these allegations have however been denied by Uganda, though officials said that those Rwandans who were deported were involved in crimes that undermined national security.

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