October 03rd 2023
KAMPALA, Uganda | The hearing on a petition challenging Uganda’s anti-gay law has been deferred by the Constitutional Court. The petitioners, along with the Attorney General as the sole respondent, appeared before court registrar Susanne Anyala Okeny for a pre-conferencing hearing on Monday. However, it was revealed that the Attorney General was not prepared to proceed, leading to the adjournment. The court has ordered that all parties involved file joint conferencing notes by October 12, after which the petition will be forwarded to the trial justices.
The challenge against the Anti-Homosexuality Act, 2023 was initiated by lawmakers Fox Odoi-Oywelowo and Paul Bucyana Kiwizera, joined by activists Frank Mugisha, Pepe Onziema, Jackline Kemigisa, Linda Mutesi, Kintu Nyago, Jane Nasiimbwa, and veteran journalist Andrew Mwenda. Their argument centers on the Act’s inconsistency with a 2014 Constitutional Court decision that nullified a similar law, contending that this contravenes Article 92 of Ugandan law. They also claim that the Act was hastily passed in just six days, rather than the 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,” the petition states.
Notably, before the anti-gay law’s enactment, Fox Odoi, a former legal counsel to President Museveni, voiced opposition and presented a minority report in Parliament.
The Attorney General’s position, on the other hand, is that the Anti-Homosexuality Act, 2023 does not contradict the Constitution or international treaties and conventions. The AG argues that the legislation does not change the 2014 Constitutional Court verdict, which was based on “lack of quorum” and not the substance of the law.
According to the Attorney General’s office, the Anti-Homosexuality Act, 2023 was passed after extensive public consultations, including written and oral memoranda. The Act imposes severe penalties for various offenses related to homosexuality, ranging from the death penalty for aggravated homosexuality to imprisonment for up to 20 years.
