Petitioners, govt speak out on what next after anti-gay law judgment
Andrew Mwenda, one of the petitioners (centre), addresses the media at the Constitutional Court after the ruling yesterday. Photo | Abubaker Lubowa.
What you need to know:
- In a unanimous decision, a panel of five justices led by Deputy Chief Justice Richard Buteera unanimously struck down four of the provisions of the Anti-Homosexuality Act, 2023, that were in contravention of the rights to health, privacy, and religion
Moments after the Constitutional Court judgment largely upholding the controversial Anti-homosexuality Act, 2023, the government said it would look into the annulled four provisions of the law and appeal against them if necessary.
In a unanimous decision, a panel of five justices led by Deputy Chief Justice Richard Buteera unanimously struck down four of the provisions of the Anti-Homosexuality Act, 2023, that were in contravention of the rights to health, privacy, and religion.
“The court found fault in the process and the procedure and though there are some clauses of the law which court nullified, as Parliament, we are happy with the outcome,” Deputy Speaker of Parliament Thomas Tayebwa said while chairing the House yesterday afternoon.
“For us, we are celebrating on our side but the Attorney General needs to internalize and see whether even nullified sections can be reinstated because he is our lead lawyer,” he added.
Reacting on behalf of the government, ICT and National Guidance Minister Chris Baryomunsi, said their chief legal adviser, Attorney General, Kiryowa Kiwanuka was going to study the verdict to determine their next course of action.
“The Attorney General will study those provisions that have been nullified and see whether there is a need to appeal on those decisions or not,” Minister Baryomunsi said.
On the petitioners’ side, despite getting some relief from the court with the nullification of the four provisions, veteran journalist Andrew Mwenda said they were to appeal before the Supreme Court.
“I don’t know the reasons they (justices) did so but I am disappointed and because of these reasons; we shall go to the Supreme Court and challenge this law. We will even challenge it before the highest court in the universe; that is before God,” he said.
As both sides, the petitioners and government ponder their next move following yesterday’s decision of the court, it was not clear by press time whether the Anti Homosexuality law now starts to bite straight away or there is a need for the line minister to issue a statutory instrument first.
Who were the petitioners?
In petition number 14, the team included MP Fox Odoi, Frank Mugisha, Pepe Onziema, Jackline Kemigisha, Andrew Mwenda, Kintu Nyango, Jane Nasiimbwa, and Kwizera Linda Mutesi while the defendants were AG, Pastor Martin Ssempa, Mr Stephen Langa, and the Secretariat of the Joint United Nations Program on HIV/Aids.
In petition number 15, the team included Prof Sylvia Tamale, Andrew Mwenda, Dr Busingye Kabumba, Solome Nakaweesi, Kasha Jackline Nabagesera, Richard Smith Lusimbo, Eric Ndawura, Williams Apako and Human Rights Awareness and Promotion Forum against AG, Pastor Martin Ssempa, and Mr Stephen Langa, and the Secretariat of the Joint United Nations Program on HIV/Aids.
In petition number 16, the team included Robert Rutaro, Musiime Alex Martin, Solomon Nabuyanda, and Let’s Walk Uganda Ltd while the defendants were AG, Pastor Martin Ssempa, and Mr Stephen Langa, and the Secretariat of the Joint United Nations Program on HIV/Aids.
In petition number 85, the team included Bishop James Lubega Banda against AG, Pastor Martin Ssempa, and Mr Stephen Langa, and the Secretariat of the Joint United Nations Program on HIV/Aids.
