13th September 2023.
Kampala, Uganda – In the lead-up to the highly anticipated hearing of a petition challenging the controversial Anti-Homosexuality Act of 2023, the Constitutional Court of Uganda has established a framework of guidelines. These guidelines aim to ensure a fair and organized process as legal experts and activists challenge the legislation.
The petition, jointly filed by West Budama North East MP Fox Odoi-Oywelowo and a group of prominent activists including Frank Mugisha, Pepe Onziema, Jackline Kemigisa, Andrew Mwenda, Linda Mutesi, Kintu Nyago, Jane Nasiimbwa, and Kisoro Municipality MP Paul Bucyana Kiwizera, questions the constitutionality of the Anti-Homosexuality Act.
The newly established guidelines outline several key steps to be followed in the lead-up to the hearing. According to these guidelines, the Attorney General, who serves as the sole respondent in the petition, is tasked with creating a joint scheduling memorandum. This document will provide a concise overview of the petition’s factual basis, the issues to be addressed during the hearing, and a list of legal authorities to be referenced by each party.
Furthermore, all parties involved in the case are expected to submit their legal arguments on points of law. The Attorney General is required to file the government’s brief by September 19, and if a rejoinder is necessary, it should be submitted by September 26.
The court has scheduled an inter-parties conferencing session for October 2 at 10 am. The outcomes of this session will be subsequently conveyed to the head of the court, who will then provide further directions regarding the expeditious resolution of the petition.
The petitioners argue that the Anti-Homosexuality Act of 2023 effectively overturns a 2014 Constitutional Court decision that had nullified a similar law. They contend that this new law contradicts Article 92 of the Constitution. Additionally, they assert that the Anti-Homosexuality Act was passed with remarkable speed, within just six days, instead of the prescribed 45-day period stipulated by parliamentary rules.
“The expediency and speed with which the Anti-Homosexuality Act was passed denied the people of Uganda exercise of their power and sovereignty in contravention of Articles 1(1), (2), and (3) of the Constitution,” the petition states.
Fox Odoi-Oywelowo, a former legal counsel to President Museveni, had previously voiced his concerns about the legislation and even presented a minority report to Parliament before its enactment.
In response to the petition, the Attorney General has defended the Anti-Homosexuality Act of 2023. He argues that the Act is in harmony with the Constitution and international treaties, covenants, conventions, and declarations. Moreover, he asserts that the legislation does not alter the 2014 Constitutional Court decision, as the earlier judgment was based on the lack of quorum and did not delve into the substance of the law.
The Anti-Homosexuality Act of 2023 imposes severe penalties for various offenses related to homosexuality, including participating in, promoting, facilitating, and failing to report acts of homosexuality. Penalties range from imprisonment not exceeding 20 years to the death penalty for aggravated cases.
As this significant legal battle unfolds, the nation awaits the Constitutional Court’s deliberation on the matter, seeking clarity on the controversial law and its implications for the LGBTQ+ community in Uganda.
