Uganda Constitutional Court Strikes Down Law Which Gave Wide Powers To Police To Prohibit Protests & Public Gatherings [Read Judgment]

The Constitutional Court of Uganda has declared Section 8 of Uganda's Public Order Management Act 2013, which gave discretionary powers to Police to prohibit public gatherings and protests, as illegal and unconstitutional. The Challenge and the Law Human Rights Network Uganda, Development Network of Indigenous Voluntary Associations, Uganda Association of Women Lawyers, and Chapter Four had challenged the Act which was enacted on 20 November 2013, on the ground that it is in pari materia with Section 32 of the Police Act that was struck down as unconstitutional earlier The Section 8 of POMA grants discretionary powers to the Inspector General of Police who in turn can delegate or authorize any other officer to stop or prevent the holding of public meetings. Section 8 Unconstitutional The Court found that the provisions of Section 8 of the 10 Public Order Management Act 2013 are in pari materia with the nullified Section 32 of the Police Act. Justice Kenneth Kakuru held that the Public Order Management Act through its unregulated application by the Police sets limitations that are far beyond what is demonstrably justifiable in a free and democratic society.