Attorney General, Police Lawyers to Appeal against Constitutional Court judgment on Article 8 of POMA

Posted: 2020-03-30T16:22:40Z
Attorney General, Police Lawyers to Appeal against Constitutional Court judgment on Article 8 of POMA

The Attorney General is set to challenge the ruling made by the Constitutional Court, where it annulled article 8 of the Public Order Management Act, POMA.
On Thursday, the panel of constitutional court judges ruled by a 4:1 vote, to scrap off article 8 of POMA.

The Constitutional Court has nullified the Public Order Management Act, POMA by majority decision of 4:1. The four Justices are Kenneth Kakuru, Elizabeth Musoke and Cheboroin Barishaki and Geoffrey Kiryabwire while Stephen Musota was the only dissenting Justice.

Court reasoned that stifling democracy is bad for the economy, so the issue of protecting trades was just an excuse.

Fred Enanga the police spokesperson said on Monday, that the police as a law abiding institution, welcomed the ruling by the Constitutional Court of Uganda that annulled section 8 of the Public Order Management Act, 2013. The section gave discretionary powers to the police, to stop or prevent the holding of a public meeting, where the public meeting is held contrary to the Act.

He however noted that a task team led by the Director Legal and Human Rights Services is working with the Attorney General, to appeal against the ruling.
“We are meanwhile enforcing the ban on public gatherings and meetings under the Statutory Instruments 2020, No.52, of the Public Health {Control of Covid 19} rules 2020, as follows.

The places and the premises and the activities, events and gatherings, as the case maybe, specified in this sub rule shall be closed or banned, respectively, until the date specified; Schools and institutions of higher learning, until 18th April 2020; Bars and cinema halls, until 16th April 2020; Prayers in churches and mosques and open air prayers until 16th April 2020. Marriage ceremonies, wedding parties, vigil an funerals, until 18th April 2020 except where the people gathered are not more than 10; Public meetings, including political rallies conferences and cultural related meetings until 18th/April 2020. Indoor and outdoor concerts and sports events until 16th April 2020 and Trading in live animals at places designated for this purpose by a local authority until 18th April 2020.

Enanga added that where a place or premises specified in sub rule {1} is open contrary to the provision or where any activity, event, meeting or gathering specified in sub rule {1} is held contrary to the provision, the person in charge of the place or the event maybe, commits an offense, and liable or conviction, to imprisonment for a period not exceeding two months.

“We anticipate the full cooperation of all citizens in observing the ban on public gatherings, by the Ministry of Health, in the best interest of all Ugandans. At this stage, every single effort in reducing the number of physical contacts, per day, well aware of the   negative impact of the virus, will help curb the spread of the covid-19 in our country” he added.