Bwengye Deusdedit v Attorney General (Miscellaneous Cause 19 of 2022)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application dismissed. The High Court lacks jurisdiction to declare provisions of the Advocates Act and Law Development Centre Act invalid, as such jurisdiction is reserved to the Constitutional Court under Article 137. The motion failed to itemise grounds as required by Rule 8(1)(d) of the Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules. Injunctive relief sought against non-parties cannot be granted without hearing those parties.

Outcome

Application dismissed

Facts

The Applicant brought an application in his own interest and on behalf of thirteen universities (excluding Makerere University) with accredited law faculties, their students, staff and alumni, and the general public. He sought declarations that statutory provisions favouring Makerere University's exclusive representation on the Law Development Centre Management Committee, Law Council, and Committee on Legal Education and Training violated constitutional rights to equality and non-discrimination. He requested that the law be construed to allow all accredited law faculties equal representation. The application was supported by the Applicant's affidavit; the Respondent opposed through an affidavit deposed by the Deputy Director of the Law Development Centre, Mbarara Campus.

Issues

1. Whether the Respondent has locus standi to dispute the jurisdiction of the Court.
2. Whether the Court has jurisdiction over the application.
3. Whether the Court is competent to construe the impugned provisions with Article 274 of the Constitution.
4. Whether the application involves a question of constitutional interpretation requiring filing before the Constitutional Court.
5. Whether the matter being a public interest action ought to have been filed in the Constitutional Court.
6. Whether Section 7(a)(ii) of the Law Development Centre Act Cap 132 and Sections 2(1)(f) and 6B(1)(c) of the Advocates Act Cap 267 conflict with the Constitution.

Orders

• Application dismissed.

Rules and key headnotes

Legislation cited (17)

• Constitution of the Republic of Uganda 1995 Articles 50(2)&(4)
• Constitution of the Republic of Uganda 1995 Articles 38(1)&(2)
• Constitution of the Republic of Uganda 1995 Article 44(a)
• Constitution of the Republic of Uganda 1995 Articles 274(1)&(2)
• Constitution of the Republic of Uganda 1995 Articles 21(1)&(2)&(3)
• Constitution of the Republic of Uganda 1995 Article 24
• Constitution of the Republic of Uganda 1995 Article 137
• Human Rights (Enforcement) Act 2019 Sections 1(1), 2, 3(1),(2)(c), 4(1)(a) & (d), (2), 6(1), 9(1), (2)(c)(i), (iv), (vi),(3)
• Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules 2019 Rules 3,4,5,6,7,8,9,11
• Judicature Act Cap 13 s.43
• Civil Procedure Act Cap 71 s.98
• Civil Procedure Rules SI No.71-1 Order 52 Rules 1,2&3
• Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules SI No.31 of 2019 Rule 8(1)(d)
• Human Rights (Enforcement) Act 2019 s.4
• Law Development Centre Act Cap 132 s.7(a)(ii)
• Advocates Act Cap 267 s.2(1)(f)
• Advocates Act Cap 265 s.68(1)(c)

Cases cited (6)

• SENTAMU JOSEPH vs JIBCORPORATE UGANDA LIMITED HCC No.51 OF 2021
• Foundation for Human Rights Initiative v Attorney General (Constitutional Appeal No. 3 of 2009)
• Mugisha Robert and Bwengye Deusdedit v Attorney General (Constitutional Petition No. 19 of 2017)
• CHARLES ONYANGO v NSTPETITION NO.2 OF 2002
• BALIGOBYE AND OTHERS VS AG AND OTHERS MISC CAUSE NO.376 OF 2019
• DIMA DOMINIC PORO VS INYANI GODFREY & ANOTHER HCCA NO.017 OF 2016

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Mawejje ( Administrator of the estate of the late of suliaman mawejje) v Mawejje Nantongo (Misc Cause No. 19 of 2020)

The original judgment as reported. Read the original PDF before relying on any passage.