Wakilii

E. Tendayi Achiume and 5 Others v Hon. Fox Odoi-Oywelowo and 8 Others (Constitutional Application 42 of 2023)

Constitutional Court · [2023] UGCC 108 · 2023 Application Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Application by notice of motion for leave to be admitted as amici curiae in a pending constitutional petition
Decision
Application for admission as amici curiae disallowed; each party to bear its own costs

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Holding

The Court dismissed an application by six African legal scholars for leave to join a pending constitutional petition as amici curiae. Applying rule 5 of the Judicature (Amicus Curiae) Rules 2022, the Court held that the applicants failed two requirements. First, they were not neutral and impartial: their proposed brief expressly urged the Court to declare the Anti-Homosexuality Act unconstitutional, demonstrating bias against the 8th respondent rather than the detached stance of a friend of the court. Second, the points of law they raised were not novel within the meaning of rule 4, as they had already been canvassed in considerable detail in the petitioners' pleadings. The application was disallowed, with each party bearing its own costs.

Facts

Six internationally recognised African legal scholars, with expertise in international law, human rights law and African constitutionalism, applied by notice of motion to be admitted as amici curiae in Constitutional Petition No. 14 of 2023, a petition challenging the constitutionality of the Anti-Homosexuality Act. They sought leave to file an amicus brief addressing the requirements the State must meet to justify restrictions on human rights in the public interest, including rights to equality and protection from discrimination on the basis of sexual orientation, liberty and sexual autonomy, and property. They claimed to be neutral, impartial and independent of the parties, with their interest being fidelity to the law, and asserted their points of law were novel and would aid the development of jurisprudence. The respondents and the Attorney General opposed the application. The brief annexed to the application, at paragraph 108, expressly submitted that the Court should declare the impugned Act unconstitutional.

Issues

  1. Whether the application discloses sufficient grounds for the admission of the applicants as amici curiae in Constitutional Petition No. 14 of 2023.

Orders

  • The application is disallowed.
  • Each party shall bear their own costs.

Key headnotes

Civil Procedure — Amicus Curiae — Neutrality and Impartiality as a Condition of Admission
An applicant seeking admission as amicus curiae under rule 5(a) of the Judicature (Amicus Curiae) Rules 2022 must be neutral and impartial; where the applicant's proposed brief expressly urges the court to decide the substantive cause in favour of one party, the applicant is biased and cannot be admitted as a friend of the court.
Civil Procedure — Amicus Curiae — Requirement that Points of Law be Novel
Under rules 4 and 5(c) of the Judicature (Amicus Curiae) Rules 2022, an applicant must show that the points of law on which it seeks to intervene are novel, that is new, original, unfamiliar, unusual or unique; admission will be refused where those points have already been canvassed in the parties' pleadings and disclose no additional point of law.

Legislation cited (6)

  • Constitution of the Republic of Uganda 1995 art.126(1)
  • Constitution of the Republic of Uganda 1995 art.127
  • Judicature (Amicus Curiae) Rules 2022 (SI No. 54 of 2022) r.4
  • Judicature (Amicus Curiae) Rules 2022 (SI No. 54 of 2022) r.5
  • Judicature (Amicus Curiae) Rules 2022 (SI No. 54 of 2022) r.6
  • Judicature (Amicus Curiae) Rules 2022 (SI No. 54 of 2022) r.8(1)

Cases cited (1)

  • Prof. Joe Oloka-Onyango and Others v Amama Mbabazi and Others (Civil Application No. 2 of 2016)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.