Murangira v Attorney General (Constitutional Petition No. 7 of 2014)

Constitutional Court · [2017] UGCC 2 · 2017 Petition Allowed ✦ AI-generated summary ↓ Download

Jurisdiction

Uganda

Case Type

Constitutional petition under Article 137(3) challenging Parliament's adoption of a Public Accounts Committee report

Decision

Petition allowed; the impugned PAC report and Parliament's resolutions declared unconstitutional, null and void; general damages of UGX 50 million and costs awarded to the petitioner

The full judgment

Read the complete, verbatim text of this judgment.

Cited — treatment unverified cited in 3 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The Constitutional Court held that Parliament's adoption of item 29 of a Public Accounts Committee report, which criticised a High Court judge for a judgment delivered in his judicial capacity, contravened Articles 2, 79(3) and 128(1)-(4) of the Constitution. Neither PAC nor Parliament may investigate or veto how a judicial officer exercised judicial power; doing so violated the independence of the judiciary, the separation of powers and the finality of court judgments, and attracted judicial immunity under Article 128(4). The petitioner was justified in declining to appear before PAC. The Court found no contravention of Articles 28(1), 42, 44(c), 92 or 119. The petition was allowed, the resolutions declared null and void, and general damages of UGX 50 million awarded.

Facts

The petitioner, Hon. Justice Joseph Murangira, a High Court judge, heard Civil Suit No. 003 of 2009, Beachside Development Services Ltd v National Forestry Authority. The parties recorded a consent settlement, and the judge entered judgment and assessed damages of US$1,612,171 with costs and interest. NFA appealed to the Court of Appeal (Civil Appeal No. 80 of 2009), which dismissed the appeal; a further Supreme Court appeal was withdrawn after the parties settled. The Public Accounts Committee of Parliament invited the judge to appear before it concerning the matter; he declined, relying on the independence of the judiciary. PAC proceeded in his absence and made a report (item 29) criticising how he had handled the suit. Parliament adopted the report and its recommendations as resolutions. The judge petitioned the Constitutional Court contending that the adoption of the report and resolutions contravened the Constitution by usurping judicial power and interfering with judicial independence, and sought declarations, expunging of the report, and compensatory and constitutional damages.

Issues

Whether the petition discloses questions for constitutional interpretation.
Whether the adoption and passing by Parliament of item 29 of the Public Accounts Committee report, and its observations and recommendations, into resolutions of Parliament was done in contravention of Articles 2, 28(1), 42, 44(c), 79(3), 92, 119 and 128(1)-(4) of the Constitution.
Whether the observations and recommendations of item 29 of the Public Accounts Committee report were inconsistent with Articles 2, 28(1), (3)(c) and (g), 42, 44(c), 79(3), 92, 94 and 128(1)-(4) of the Constitution.
Whether the Public Accounts Committee and Parliament, by their observations, recommendations and resolutions, purported to veto the judgments of the High Court (Civil Suit No. 003 of 2009) and the Court of Appeal (Civil Appeal No. 80 of 2009), contrary to Articles 2, 79, 92, 119 and 128, in usurpation of judicial power.
Whether the petitioner is entitled to the remedies sought.

Orders

The adoption and passing by Parliament of the impugned Public Accounts Committee report and the observations and recommendations affecting the petitioner into resolutions of Parliament was done in contravention of and is inconsistent with Articles 2, 79(3) and 128(1), (2), (3) and (4) of the Constitution, and is null and void.
The observations and recommendations affecting the petitioner in item 29 of the impugned Public Accounts Committee report are inconsistent with and were made in contravention of Articles 2, 79(3) and 128(1), (2), (3) and (4) of the Constitution, and are null and void.
The Public Accounts Committee and Parliament, by purporting to veto the judgments of the High Court in Civil Suit No. 003 of 2009 and the Court of Appeal in Civil Appeal No. 80 of 2009, acted contrary to Articles 2, 79(3) and 128, ultra vires and contrary to the doctrines of separation of powers, the independence of the judiciary and the finality of court judgments, and those acts are unconstitutional and null and void.
The respondent shall pay general damages to the petitioner of Shs. 50 million.
The petitioner is awarded costs of the petition.
Certificate for costs is granted to one counsel.

Key headnotes

Constitutional Law — Separation of Powers — Limits on Parliamentary Oversight of the Judiciary

Parliament and its committees may not investigate, review, question or veto the manner in which a judicial officer exercised judicial power in deciding a case; doing so usurps the powers of the judiciary and contravenes the doctrines of separation of powers, the independence of the judiciary and the finality of court judgments.

Constitutional Law — Independence of the Judiciary — Judicial Immunity under Article 128

A person exercising judicial power is not liable to any action or suit for any act or omission done in the exercise of that power; summoning a judge before a parliamentary committee, and adopting resolutions, over a decision made in the exercise of judicial power contravenes Article 128(1), (2), (3) and (4) of the Constitution.

Constitutional Law — Supremacy of the Constitution under Article 2

Any act done in contravention of a provision of the Constitution undermines its supremacy and thereby also contravenes Article 2.

Constitutional Law — Functions of Parliament — Duty to Protect the Constitution under Article 79(3)

Parliament's mandate under Article 79(3) to protect the Constitution and promote democratic governance is contravened when it adopts resolutions that undermine the separation of powers and the independence of the judiciary.

Constitutional Law — Restriction on Retrospective Legislation under Article 92

Article 92 prohibits Parliament from passing legislation that alters a court's decision or judgment between the parties; non-legislative resolutions and recommendations of Parliament do not fall within Article 92.

Damages & Quantum — General Damages — Constitutional Redress under Article 137(4)

The Constitutional Court may grant general damages as redress under Article 137(4)(a); compensation for speculative or unproven loss (such as a lost opportunity for promotion) will not be awarded, but general damages may be granted for inconvenience, anguish and injury caused by an unconstitutional process.

Legislation cited (15)

Constitution of Uganda art.2
Constitution of Uganda art.28(1)
Constitution of Uganda art.42
Constitution of Uganda art.44(c)
Constitution of Uganda art.50(4)(c)
Constitution of Uganda art.79(3)
Constitution of Uganda art.90(3)
Constitution of Uganda art.92
Constitution of Uganda art.94
Constitution of Uganda art.119
Constitution of Uganda art.126(2)(c)
Constitution of Uganda art.128(1)-(4)
Constitution of Uganda art.137(3) and (4)
Constitution of Uganda art.163
Rules of Procedure of Parliament rr.147, 148, 162, 197

Cases cited (6)

Gordon Sentiba and 2 Others v Inspectorate of Government (Supreme Court Civil Appeal No. 6 of 2008)
Ocip Moses and Others v Attorney General and Another (High Court Miscellaneous Application No. 60 of 2013)
Major General David Tinyefuza v Attorney General (Constitutional Appeal No. 1 of 1997)
Gladys Nakibuule Kisekka v Attorney General (Constitutional Petition No. 55 of 2013)
Hajji Asumani Mutekanga v Equator Growers (U) Ltd (Supreme Court Civil Appeal No. 7 of 1995)
Karlshamns Oljefabriker (A/B) [1949] AC 196

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