Dr James Rwanyarare and Ors v Attorney General (Constitutional Petition No. 7 of 2002)

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

The Constitutional Court upheld the definition of political organisation (s.2), the requirement to register as a body corporate within six months (s.6), the national-character membership thresholds (s.5/7) and the protective symbols/names provision (s.8). It struck down three provisions as unjustifiable derogations from the freedom of association (article 29(1)(e)) and the right to participate in government (article 38): s.10(4) tying election of a party's National Conference to the fourth year of Parliament; s.10(8) and (9) restricting party meetings to elect the National Conference; and s.13(b) barring party office for citizens resident abroad for over three years. The petition succeeded on issues 5, 6 and 7 and failed on issues 1 to 4.

Outcome

Petition partly succeeded: sections 10(4), 10(8), 10(9) and 13(b) of the Political Parties and Organisations Act, 2002 declared null and void; remaining challenges dismissed

Facts

Nine petitioners, members and leaders of political parties, filed a petition in July 2002 challenging the constitutionality of several sections of the Political Parties and Organisations Act, 2002. Hearing was delayed by preliminary matters, one of which generated an appeal to the Supreme Court. In the interim the Constitutional Court, in Constitutional Petition No. 5 of 2002 (Ssemogerere and Others), had struck down sections 18 and 19 of the same Act and held that the Movement set up by the Movement Act 1997 was a political organisation within the Act. The surviving challenge was reduced to seven agreed issues concerning the statutory definition of political organisation, mandatory incorporation within six months, national-character membership thresholds, protection of party symbols and names, restriction of National Conference elections to the fourth year of Parliament, restrictions on party meetings, and a bar on party office for citizens long resident abroad. All affidavit evidence was admitted as non-controversial.

Issues

1. Whether the definition of 'political organisation' under section 2(1) and (2) of the Political Parties and Organisations Act, 2002 is inconsistent with articles 21 and 75 of the Constitution.
2. Whether section 6(2)(3) and (4) of the Act, requiring existing political parties to register as bodies corporate within six months, contravenes the Constitution.
3. Whether section 5 and the national-character requirement of the Act contravene the Constitution.
4. Whether section 8 of the Act, prohibiting registration of identifying symbols, names and colours similar to existing parties, is unconstitutional.
5. Whether section 10(4), restricting election of a party's National Conference to the fourth year of Parliament, contravenes the freedom of association.
6. Whether section 10(8) and (9), restricting party meetings to elect the National Conference, is unconstitutional.
7. Whether section 13(b), barring appointment to party office of a citizen who has lived outside Uganda for more than three years, is unconstitutional.

Orders

• The petition fails on issues 1, 2, 3 and 4.
• The petition succeeds on issues 5, 6 and 7.
• The order dated 16th January 2003 in Constitutional Application No. 6 of 2002 staying the operation of section 6(3) and (4) of the Act is vacated.
• Sections 10(4), 10(8), 10(9) and 13(b) of the Act are declared null and void.
• Political parties referred to in article 270 of the Constitution must register within six months from the date of this judgment.
• Each party bears its own costs of the petition.

Rules and key headnotes

Legislation cited (25)

• Political Parties and Organisations Act 2002 s.2
• Political Parties and Organisations Act 2002 s.3(2)
• Political Parties and Organisations Act 2002 s.5
• Political Parties and Organisations Act 2002 s.6(2)
• Political Parties and Organisations Act 2002 s.6(3)
• Political Parties and Organisations Act 2002 s.6(4)
• Political Parties and Organisations Act 2002 s.7
• Political Parties and Organisations Act 2002 s.8
• Political Parties and Organisations Act 2002 s.10(4)
• Political Parties and Organisations Act 2002 s.10(8)
• Political Parties and Organisations Act 2002 s.10(9)
• Political Parties and Organisations Act 2002 s.13(b)
• Political Parties and Organisations Act 2002 s.20(1)
• Constitution of Uganda 1995 article 21
• Constitution of Uganda 1995 article 29(1)(e)
• Constitution of Uganda 1995 article 38
• Constitution of Uganda 1995 article 43
• Constitution of Uganda 1995 article 44
• Constitution of Uganda 1995 article 70
• Constitution of Uganda 1995 article 71
• Constitution of Uganda 1995 article 72
• Constitution of Uganda 1995 article 73(2)
• Constitution of Uganda 1995 article 75
• Constitution of Uganda 1995 article 270
• Movement Act 1997

Cases cited (3)

• Paul K. Ssemogerere and 5 Others v Attorney General (Constitutional Petition No. 5 of 2002)
• South Dakota v North Carolina 192 US 268 (1940)
• Attorney General vs. Momoddon Jobo (1984) AC 689

Cases citing this judgment (11)

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.

• Mangafu and 12 Others v Agilis Ranch 20 and 21 Limited and 3 Others (Misc Cause No. 11 of 2020)
• Bunyoro Kitara Reparation Agency Limited v Masindi District Land Board and 6 Others (Civil Suit No. 44 of 2016)
• Ntare Adens v Ssenyonyi and Ors (Constitutional Petition No. 16 of 2019)
• Bunyoro Kitara Reparations Agency Ltd v Attorney General & 3 Others (CIVIL SUIT NO. 23 OF 2016)
• Karuhanga v Inspector General of Police & Ors (Misc Cause No. 86 of 2013)
• Uganda Freight Forwarders Association & Anor v Attorney General (Constitutional Petition No. 22 of 2009)
• Attorney General v James Rwanyarare and Ors (Constitutional Appeal 2 of 2003)
• Dr. James Rwanyarare and Others v Attorney General (Constitutional Application No. 6 of 2002)
• Uganda Law Society and Another v Attorney General (Constitutional Application No. 7 of 2003)
• Uganda Law Society and Another v Attorney General (Constitutional Application 7 of 2003)
• Rwanyarare and Others v Attorney General (Constitutional Application No. 6 of 2002)

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