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Friday, 1 August 2014

Uganda : Constitutional court annuls anti-gay law: Government to petition court over anti-gay law ruling

 

Gay activist Kasha and colleagues celebrate after court nullified the anti-homosexuality law. Photo by Faiswal Kasirye 
By Job Bwire
 
Constitutional court annuls anti-gay law
 
 
Publish Date: Aug 01, 2014
Constitutional court annuls anti-gay law

The Constitutional Court declared the law "null and void"
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KAMPALA - The Constitutional Court on Friday nullified the anti-gay law. The panel of five judges agreed with the petitioners that the law was passed without quorum.

“Parliament presided over by the speaker carried out an illegality,” the judges ruled.

Supporters of the the Act have vowed to appeal in the Supreme Court.

The law came into effect in February after President Yoweri Museveni assented to it earlier this year in February.

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Government to petition court over anti-gay law ruling


Gay activist Kasha and colleagues celebrate after court nullified the anti-homosexuality law. Photo by Faiswal Kasirye 
By Job Bwire

Posted  Friday, August 1  2014 at  15:10
 
 
Government is to petition Supreme Court over Court ruling on the Anti-Homosexuality law.
Ndorwa West MP, David Bahati on Friday said that the Attorney General will petition the Supreme Court over the Constitutional Court ruling on the Act; just hours after court nullified it (Anti-Homosexuality law) which was approved by President Yoweri Museveni in February 2014.
“I want to thank the speaker, MPs who stood for what is right. The lawyer that represented government said she was not given chance to prove that there was quorum in parliament.
Gay activist Kasha and West Budama MP Fox Odoi. Photo by Faiswal Kasirye
The court case ruling is no victory at all, the morals of the people of Uganda will prevail,” Mr Bahati said in a press briefing before adding, “The Attorney General who is very competent will petition the constitutional court over the constitutional court ruling. Our competent legal team will continue to petition the Supreme Court and I believe we will win.”
Mr Bahati’s remarks come just hours after the Constitutional Court on Friday declared the Anti-Homosexuality Law null and void on grounds that Speaker Rebecca Kadaga passed the law without the required quorum.
A panel of five judges including, the Acting Deputy Chief Justice Steven Kavuma, Justices, Augustine Nshimye, Eldad Mwangusya, Solomy Balungi Bossa and Rubby Aweri Opio on a unanimous voted to nullify the law saying Ms Kadaga was warned by three people including Premier Amama Mbabazi against passing it (the law) but she ignored.
Photo by Faiswal Kasirye
Court also awarded the petitioners 50% of the costs of the suit. The case involved a group of pro-gay activists who sued the Attorney General (AG) challenging the passing of the Anti-Homosexuality Bill into law for lack of quorum. They include; Prof. Joe Oloka-Onyango, MP Fox Odoi-Oywelowo, veteran journalist Andrew Mwenda, Prof. Morris Latigo, Dr. Paul Nsubuga Ssemugoma, Jacqueline Kasha Nabagesera, Julian Pepe Onziema, and Frank Mugisha in March this year.
The other petitioners include the indigenous civil society organizations; Human Rights Awareness and Promotion Forum (HRAPF) and the Centre for Health, Human Rights and Development (CEHURD
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