Constitutional Court to hear petition against ban on khat
Mr Edrisa Kazibwe, a khat farmer attends to his plants at Kirokala village in Butambala Photo by SADAT MBOGO
What you need to know:
- The stimulant was categorised as a prohibited and psychotropic substance following a debate on the Narcotics Drugs and Psychotropic Substances (Control) Act, 2015.
The Constitutional Court has, after a five-year wait, set June 8 as the day it will commence hearing of a petition that seeks to de-categorise the stimulant, Catha edulis (khat also known as “mairungi” or “miraa”) as a prohibited substance.
The stimulant was categorised as a prohibited and psychotropic substance following a debate on the Narcotics Drugs and Psychotropic Substances (Control) Act, 2015.
Wakiso Miraa Growers and Dealers Association Limited, however, petitioned the Court in 2017, seeking to overturn the Ninth Parliament’s decision.
The petitioners argued that the decision was inconsistent with the principles of equality, legality, necessity, rationality and proportionality guaranteed under the Constitution.
The petitioners told court that they were aggrieved by the manner the decision seeks to prohibit the cultivation, possession, consumption, sale, purchase, warehousing, distribution, transportation, exportation, importation and other dealings in Catha edulis. They hold that the decision was not backed up by any evidence, scientific or otherwise.
“The blacklisting of Catha edulis (khat)—as a prohibited plant and psychotropic substance under the Fourth Schedule and Section 2 of the impugned Act respectively—is not backed by sound scientific evidence and it is in the circumstances an arbitrary, oppressive, biased and irrational decision…” the petition reads in part.
Blacklisting the plant, they further argued, would have a disruptive effect on the livelihoods of those who grow and deal in it, which would be inconsistent with their rights under the Constitution.
The petitioners also accused Parliament of having ignored the principle of participatory democracy by not involving other stakeholders in the debate despite the passionate appeals by Ms Rosemary Sseninde, who was the Wakiso District MP at the time.
Quoting copies of the Hansard and the submissions by Mr Muwanga Kivumbi, Ms Alice Alaso and Ms Ruth Nankabirwa, the petitioners argued that the law was passed without a quorum, which contravenes the rules of procedure.
“…the Speaker did not ascertain whether there was the requisite quorum, and in fact there was no such quorum, and for that reason the impugned Act is null and void to the extent that it purports to ban Catha edulis (khat),” the petition further reads.
However, in a response filed by government on October 6, 2021, the Attorney General’s witness, Mr Paul Wabwire—an officer at Parliament—argued that “the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 was duly enacted in accordance with the provisions of the Constitution of Uganda and the Rules of Procedure.”
The petitioners are seeking declarations that will de-categorise the plant as a prohibited drug, a permanent order staying implementation of the Act and costs of the petition.
The hearing will be presided over by the Deputy Chief Justice Richard Butera as well as Justices Stephen Musota, Irene Mulyagonja, Muzamiru Kibeedi and Monica Mugenyi.
