Wakilii

Attorney General v James Rwanyarare and Ors (Constitutional Appeal 2 of 2003)

Supreme Court · [2004] UGSC 2 · 2004 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Interlocutory appeal from a Constitutional Court ruling dismissing the Attorney General's preliminary objection to the competence of a constitutional petition
Decision
Appeal dismissed; the constitutional petition held competent and remitted to the Constitutional Court for expeditious hearing

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Holding

The Supreme Court dismissed the Attorney General's interlocutory appeal, holding that the 30-day period under Rule 4(1) of Legal Notice No.4 of 1996 for filing a constitutional petition runs from the date an impugned Act commences, not from the date of presidential assent. Although an Act becomes law on assent, it remains dormant and unenforceable until its commencement date, which is the date provided in the Act or the date of publication in the Gazette; a dormant law cannot breach the Constitution. The Political Parties and Organisations Act, 2002 commenced and was gazetted on 17 July 2002, so the petition filed on 31 July 2002 was within time, and the Constitutional Court correctly held the petition competent.

Facts

In May 2002 Parliament enacted the Political Parties and Organisations Act, 2002 (PPOA). The President assented to it on 2 June 2002 and it was gazetted, with a commencement date of 17 July 2002. On 31 July 2002, Dr. James Rwanyarare and nine others, aggrieved by certain provisions, filed Constitutional Petition No.7 of 2002 seeking declarations that the PPOA was inconsistent with the Constitution. The Attorney General, as respondent, raised preliminary points of law contending the petition was filed out of time, arguing the 30-day limitation under Rule 4(1) of Legal Notice No.4 of 1996 ran from the date of presidential assent. By Miscellaneous Application No.3 of 2002 he moved the Constitutional Court to determine these points. The Constitutional Court dismissed the application, holding the petition was filed in time and competent. The Attorney General appealed to the Supreme Court.

Issues

  1. Whether the 30-day period under Rule 4(1) of Legal Notice No.4 of 1996 for filing a constitutional petition runs from the date of presidential assent to an Act or from the date of its publication/commencement in the Gazette.
  2. Whether Constitutional Petition No.7 of 2002, filed on 31 July 2002, was filed within the prescribed time.
  3. Whether the Constitutional Court erred in holding that the petitioners ought to have perceived the alleged breach of the Constitution on the date of publication of the Political Parties and Organisations Act, 2002.

Orders

  • Appeal dismissed.
  • Costs of the appeal to abide the results of the trial of the petition.
  • Certificate for two counsel refused; costs allowed for one counsel only.
  • The hearing of the petition in the Constitutional Court to proceed expeditiously as required by law.

Key headnotes

Statutory Interpretation — Commencement of Acts of Parliament — Assent versus Commencement Date
Although an Act of Parliament becomes law on presidential assent, it remains dormant and unenforceable until its commencement date, being the date provided in or under the Act or, where none is provided, the date of its publication in the Gazette.
Constitutional Law — Limitation of Constitutional Petitions — Accrual of the Thirty-Day Period
The thirty-day period under Rule 4(1) of Legal Notice No.4 of 1996 for filing a constitutional petition runs from the commencement of the impugned Act, since a dormant law that is not yet in force cannot breach the Constitution and the breach cannot be perceived before the law is operative.
Constitutional Law — Publication of Acts — Constructive Notice on Gazetting
Publication of an Act in the Gazette is a constitutional requirement under Article 91(8) of the Constitution, and upon publication every person is presumed to be aware of the existence and contents of the law.

Legislation cited (23)

  • Constitution of Uganda Article 91
  • Constitution of Uganda Article 91(1)
  • Constitution of Uganda Article 91(8)
  • Constitution of Uganda Article 137
  • Acts of Parliament Act (Cap 2) s.9(2)
  • Acts of Parliament Act (Cap 2) s.13
  • Acts of Parliament Act (Cap 2) s.13(1)(b)
  • Acts of Parliament Act (Cap 2) s.13(2)
  • Acts of Parliament Act (Cap 2) s.14
  • Acts of Parliament Act (Cap 2) s.15
  • Acts of Parliament Act (Cap 2) s.19(2)
  • Acts of Parliament Act (Cap 2) s.20(1)
  • Political Parties and Organisations Act, 2002
  • Legal Notice No.4 of 1996 Rule 4
  • Legal Notice No.4 of 1996 Rule 4(1)
  • Rules of the Constitutional Court (Petitions For Declarations Under Article 137) Directions, 1996 Rule 4
  • Rules of the Constitutional Court (Petitions For Declarations Under Article 137) Directions, 1996 Rule 13
  • Civil Procedure Rules Order 6 Rule 27
  • Civil Procedure Rules Order 6 Rule 28
  • Civil Procedure Rules Order 48 Rule 1
  • Civil Procedure Rules Order 7
  • Civil Procedure Rules Order 7 Rule 6
  • Rules of the Supreme Court Rule 87
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.