Rédaction Africa Links 24 with The Observer
Published on 2024-04-02 20:15:37
The Constitutional court has set April 3, 2024, as the day when it will announce its much-anticipated ruling on the case involving activists who are seeking to overturn the Anti-Homosexuality Act of 2023. The act criminalizes consensual sexual relations between same-sex adults. The judgement is expected to be delivered at 10 am tomorrow.
The notice was issued to the deputy registrar Susanne Okeny Anyala, and it indicated that 11 law firms are representing the applicants in four consolidated petitions against the Attorney General and pastor Martin Ssempa. The list of recipients includes various legal firms such as Deluxe Associated Advocates, TASLAF Advocates, MAGNA Advocates, and others. The notice also stated that if there is no representation on behalf of the recipients, the judgement will be delivered in their absence.
The case was heard by the Constitutional court on December 18, 2023, with a panel consisting of deputy chief justice Richard Buteera and other justices. The petitions were filed by civil society organizations, politicians like West Budama MP Fox Odoi, Makerere University Professor Sylvia Tamale, lawyer Robert Rutaro, and Bishop James Lubega Banda. They are challenging the law on the grounds that it violates constitutional articles relating to personal freedoms, human rights, and dignity, and hinders the fight against HIV/Aids.
The petitioners argue that the Anti-Homosexuality Act imposes harsh penalties, such as death and heavy fines, and was passed without adequate public consultation. They also question the conduct of the speaker of parliament during the enactment process and raise concerns about the speed at which the law was passed.
In response, the Attorney General, supported by pastor Ssempa, seeks to have the petitions dismissed for being incompetent and lacking merit. They argue that the petitions were filed in bad faith and aim to overturn the existing social order. The enactment of the law has drawn criticism from Western countries, with threats of aid cuts and travel sanctions against Ugandan officials. The European Union and the USA have condemned the law as discriminatory and in violation of international laws.
President Yoweri Kaguta Museveni signed the Anti-Homosexuality Bill into law on May 26, 2023, despite the international backlash. Western powers, such as the USA and the European Union, warned of sanctions and fund withdrawals. The World Bank also suspended new loans to Uganda due to concerns about the law conflicting with its values.
President Museveni has shown defiance in the face of pressure from Western nations, asserting Uganda’s independence and historical resilience. He remains unwavering in his decision to uphold the law, stating that the country’s economy will continue to grow despite external pressures. The court’s ruling tomorrow will be a critical moment in determining the fate of the Anti-Homosexuality Act and its implications for Uganda’s relationship with the international community.
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