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Martin Sempa and 2 Others v Hon. Fox Odoi-Oy... (Consolidated Constitutional Application 15 of 2023; Constitutional Application 29 of 2023; Constitutional Application 33 of 2023; Constitutional Application 43 of 2023) 2023 UGCC 109 (2023-12

Constitutional Court · [2023] UGCC 109 Applications Granted ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Consolidated interlocutory applications for joinder as co-respondents in pending constitutional petitions
Decision
Applications granted; applicants joined as co-respondents in the petitions challenging the Anti-Homosexuality Act, 2023

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Holding

The applicants sought to be joined as co-respondents in consolidated constitutional petitions challenging the Anti-Homosexuality Act, 2023. The Court held that although Order 1 rule 10(2) of the Civil Procedure Rules governs joinder of necessary parties, in public interest litigation producing judgments in rem the court may modify its strict application under rule 23(1) of the Constitutional Court Rules, drawing on comparative interested-party and intervener practice. Because the applicants showed a direct partisan interest and relevant expertise on the societal values the court must weigh under article 126(1) of the Constitution, their joinder would aid effectual adjudication. The applications were granted and the applicants joined as co-respondents, each party bearing its own costs.

Facts

Three petitions (Constitutional Petitions Nos. 14, 15 and 16 of 2023) challenging the constitutionality of the Anti-Homosexuality Act, 2023 were pending before the Constitutional Court, with the Attorney General as statutory respondent. Pastor Martin Sempa filed three applications, and Eng. Stephen Langa with Family Life Network Ltd filed a separate application, each seeking to be added as a respondent. The applicants asserted a legitimate interest in defending the Act and sought to advance perspectives of traditional African, family and Christian values, morality and ethics. They adduced affidavit evidence of their academic qualifications, research, advocacy and long experience on sexuality, morality and family values to show expertise. The respondents opposed the applications on technical grounds, contending the applicants lacked locus standi and affected legal interests, that the Attorney General needed no reinforcement, that joinder would delay disposal, and that the issues concerned constitutionality rather than morality. The court, having consolidated the four applications on its own motion, considered whether the applicants should be joined.

Issues

  1. Whether the applicants should be joined as co-respondents in the consolidated constitutional petitions challenging the constitutionality of the Anti-Homosexuality Act, 2023.
  2. Whether the applicants qualify as necessary parties under Order 1 rule 10(2) of the Civil Procedure Rules, and whether that rule should be modified for public interest litigation under rule 23(1) of the Constitutional Court Rules.
  3. Whether the applicants possess a relevant interest and the expertise on societal values necessary to assist the court in resolving the issues raised by the petitions.

Orders

  • Consolidated Constitutional Applications Nos. 29, 33, 15 and 43 of 2023 are granted.
  • The applicants are joined in the petitions as co-respondents.
  • Each party shall bear its own costs arising out of, or incidental to, the applications.

Key headnotes

Civil Procedure — Joinder of Parties — Necessary Party under Order 1 Rule 10(2) CPR
A non-party may be joined under Order 1 rule 10(2) of the Civil Procedure Rules only where their presence is necessary to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit, namely where the orders sought would legally affect their interests or where a defendant cannot effectually set up a desired defence without them.
Constitutional Law — Public Interest Litigation — Modification of Joinder Rules for Judgments in Rem
In constitutional petitions, which involve public interest litigation and yield judgments in rem binding on all persons, the court may, under rule 23(1) of the Constitutional Court (Petitions and References) Rules, 2005, modify the strict application of Order 1 rule 10(2) of the Civil Procedure Rules and draw on comparative interested-party and intervener practice to admit partisan non-parties with relevant expertise.
Constitutional Law — Article 126(1) — Values, Norms and Aspirations of the People
Because article 126(1) of the Constitution requires the court to exercise judicial power in conformity with the values, norms and aspirations of the people, applicants who demonstrate a direct partisan interest and genuine expertise on relevant societal values may be joined as co-respondents to place those perspectives before the court for its consideration.

Legislation cited (11)

  • Civil Procedure Act Cap. 71 s.98
  • Constitutional Court (Petitions and References) Rules, 2005 rule 5(2)
  • Constitutional Court (Petitions and References) Rules, 2005 rule 23(1)
  • Civil Procedure Rules Order 52 rules 1, 2 and 3
  • Civil Procedure Rules Order 1 rule 10(2)
  • Constitution of Uganda article 119(4)(c)
  • Constitution of Uganda article 250
  • Constitution of Uganda article 126(1)
  • Judicature (Amicus Curiae) Rules, 2022
  • Treaty Establishing the East African Community article 40
  • East African Court of Justice Rules of Procedure, 2019 rule 59

Cases cited (6)

  • Departed Asians Property Custodian Board v Jaffer Brothers Ltd (Civil Appeal No. 9 of 1998)
  • Amon v Raphael Tuck & Sons Ltd [1956] 1 All ER 273
  • Trusted Society of Human Rights Alliance v Mumo Matemu & 5 Others, Petition No. 12 of 2013 [2015] eKLR
  • UHAI EASHRI & Another v Human Rights Awareness & Promotion Forum (HRAPF) & Another, Consolidated Applications No. 20 & 21 of 2014
  • Mukasa Mbidde v Attorney General of Burundi & Another (EACJ Application No. 6 of 2018)
  • Julie Folcik v Orange County Register of Voters & Another, Superior Court of the State of California, Case No. 30-2012-00553905
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.