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Centre for Public Interest Law Ltd and Another v Attorney General (Constitutional Petition No. 34 of 2010)

Constitutional Court · [2015] UGCC 9 · 2015 Petition Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Constitutional petition seeking interpretation of the Constitution under Article 137
Decision
Petition dismissed; all declarations and the order sought refused; no order as to costs.

Observed later treatment

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Holding

The Constitutional Court refused all relief. Applying the rule of harmony, it held that Article 12 addresses citizenship by registration as a single subject and cannot be read so that Article 12(1) is severed from Article 12(2); a person excluded from registration under Article 12(1) cannot claim it under Article 12(2). The naturalization declaration was declined because it turned on interpreting section 16 of the Uganda Citizenship and Immigration Control Act, not the Constitution, and so fell outside the court's Article 137 jurisdiction. The court refused to order unnamed agencies to act, there being no evidence of any rejected application, and held that no redress under Article 137(3) arises where no declaration is granted. The petition failed.

Outcome

Petition dismissed; all declarations and the order sought refused; no order as to costs.

Facts

The petitioners — a public interest law company and an advocate of the High Court — brought a constitutional petition seeking interpretation of the citizenship provisions of the Constitution as they affect refugees. They contended that refugees who satisfy the statutory requirements are eligible to apply for citizenship by registration under Article 12(2) and by naturalization under Article 13, and that Article 12(1) should be read in isolation from Article 12(2). The petition was supported by four affidavits, including those of three deponents who are refugees long resident in Uganda and who wished to apply for citizenship but had not done so; no reason was advanced for their failure to apply. There was no evidence that any application for registration or naturalization had been made to, and rejected by, any government agency, and no department or agency was named in the proceedings. The respondent filed no answer or supporting affidavit and was unrepresented at the hearing, though conferencing notes and a list of authorities had been supplied.

Issues

  1. Whether a refugee resident in Uganda who satisfies the statutory requirements is eligible to apply for citizenship by registration under Article 12(2) of the Constitution.
  2. Whether Article 12(1) of the Constitution should be read exclusively of, and in isolation from, Article 12(2).
  3. Whether a refugee resident in Uganda is eligible to apply for citizenship by naturalization under Article 13 of the Constitution, and whether that question raises an issue of constitutional interpretation.
  4. Whether the court should order government departments and agencies to process refugee applications for citizenship.

Orders

  • The declaration that a refugee is eligible to apply for citizenship by registration under Article 12(2) of the Constitution is refused.
  • The declaration concerning citizenship by naturalization under Article 13 is declined as outside the court's jurisdiction.
  • The order directing government departments and agencies to process refugee citizenship applications is refused.
  • The petition fails.
  • No order as to costs.

Rules and key headnotes

Constitutional Law — Interpretation — Rule of Harmony
All provisions of the Constitution must be read together so that one provision does not negate another, especially provisions touching on the same subject.
Constitutional Law — Citizenship — Registration under Article 12
Article 12 deals with citizenship by registration as a single subject; a person who does not fall within the categories entitled to registration under Article 12(1) cannot acquire citizenship by registration under Article 12(2).
Constitutional Law — Jurisdiction — Article 137 — Interpretation of Statute Distinguished
The Constitutional Court's jurisdiction under Article 137 extends only to questions of constitutional interpretation; where a question turns on the construction of an Act of Parliament rather than the Constitution, the court has no jurisdiction to determine it.
Constitutional Law — Redress — Article 137(3)
Redress under Article 137(3) is available only where the declaration sought has been granted; where none of the declarations sought is granted, the petitioner is entitled to no redress.
Civil Procedure — Orders — Parties Not Named or Cited
A court cannot issue orders at large against government departments or agencies that are not named or cited as parties in the proceedings.

Legislation cited (12)

Cases cited (2)

  • Attorney General v Tinyefuza (Constitutional Appeal No. 1 of 1997)
  • Legal Brains Trust (LBT) Limited v The Attorney General of Uganda Appeal No. 4 of 2012 [East African Court of Justice (Appellate Division)] [unreported]

Full judgment

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

Centre for Public Interest Law Ltd and Another v Attorney General (Constitutional Petition No. 34 of 2010) [2015] UGCC 9 (6 October 2015)
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.