Ezrah Kashumbusha.
KAMPALA, May 15, 2024 | The Constitutional Court in Kampala has dismissed a petition challenging the legality of the Venereal Diseases Act, citing the law’s repeal as the basis for their decision. The petition was filed by the Centre for Health, Human Rights, and Development (CEHURD) in 2019, which argued that several provisions of the Act were unconstitutional.
The panel of justices, including Catherine Bamugemereire, Irene Mulyagonja, Fredrick Egonda-Ntende, Monica Mugenyi, and Christopher Gashirabake, determined that deliberating on the constitutionality of a repealed law was a futile exercise. “In essence, while at the time the petition was filed it raised a question for the interpretation of the constitution, by the time we heard the matter and delivered the judgment, the Act had been repealed, this means the matters in controversy are moot,” the judges stated.
CEHURD initially sued the Attorney General, arguing that the Venereal Diseases Act (Cap 284) violated various constitutional rights, including the right to health, freedom from discrimination, freedom from cruel and degrading treatment, and the right to privacy. The Act, which mandated the forced examination and treatment of individuals suspected of having venereal diseases, was seen as particularly invasive and punitive.
The representative of the Attorney General, Lydia Mugisa, defended the Act by asserting that its provisions, such as the mandatory examination of individuals, aligned with the national interest principles outlined in Article 8A of the Constitution.
However, by March 24, 2023, amendments to the Public Health Act, which included the repeal of the Venereal Diseases Act, rendered the petition irrelevant. The amendment aimed to update public health laws, removing outdated and absolute provisions, including those related to venereal diseases.
While CEHURD’s concerns about the Act were rendered moot by its repeal, the petition brought attention to the need for continual legal reform to protect individual rights in the health sector.
