Wakilii

Green Watch v Attorney General (MISCELLANEOUS CAUSE NO. 232 OF 2009)

High Court · [2020] UGHC 414 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Constitutional application under Article 50 seeking enforcement of right to access information under Article 41
Decision
Application granted with declarations and orders for disclosure of oil production sharing agreements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that oil production sharing agreements between the Government of Uganda and oil companies are public documents under section 73 of the Evidence Act. A contractual confidentiality clause cannot override the constitutional right to access information under Article 41 unless disclosure would prejudice state security, sovereignty, or privacy. The government failed to demonstrate that disclosure met any exception, and must provide the agreements to the applicant and public.

Outcome

Application granted with declarations and orders for disclosure of oil production sharing agreements

Facts

Green Watch, a civil society organization, sought access to oil production sharing agreements between the Government of Uganda and various oil companies operating in the Albertine region. The applicant required these agreements for research, environmental protection activities, and to publish findings and recommendations to the public. The government had denied access to the actual agreements, offering only a model production sharing agreement available on the internet. The government argued that the agreements contained confidentiality clauses protecting commercially sensitive information, and that disclosure would result in breach of contract, damages, and jeopardized investments. The applicant contended that denial violated the constitutional right to access information under Article 41.

Issues

  1. Whether the Applicant should be availed copies of the production sharing agreements.
  2. Whether the documents are public documents.

Orders

  • Declared that the Respondent failed to demonstrate that making the agreements accessible to the Applicant and wider public violates the exceptions clause in Article 41 of the Constitution or section 5(1) of the Access to Information Act.
  • Declared that the oil agreements are public documents which the public (including the Applicant) is entitled to access under Article 41(1) of the Constitution and section 5(1) of the Access to Information Act.
  • Ordered that the Applicant be availed copies of the agreements concluded between the Government of Uganda and Tullow Oil Company, Heritage Oil and Gas Company, Dominion Oil Company, Neptune Petroleum Uganda and/or their successors in title and any other oil companies in respect of oil exploration, exploitation, production and revenue sharing agreements.
  • No order as to costs.

Rules and key headnotes

Constitutional Law — Right to Information — Public Documents — Oil Production Sharing Agreements as Public Documents
Oil production sharing agreements contracted by the Government of Uganda through public officials qualify as public documents under section 73 of the Evidence Act, being documents forming acts or records of acts of the sovereign authority and public officers.
Constitutional Law — Right to Information — Exceptions — Burden of Proof
The right to access information under Article 41 of the Constitution is subject to exceptions where release is likely to prejudice state security or sovereignty or interfere with privacy. The state bears the burden of demonstrating that disclosure falls within these exceptions on a case-by-case basis.
Constitutional Law — Supremacy of Constitution — Contractual Clauses versus Constitutional Rights
A confidentiality clause in a contract cannot, on its own, vitiate a constitutional right. All contractual terms must conform to the Constitution, which is supreme law binding all contracting parties. A confidentiality clause used to deny access to information without qualifying within the exceptions in Article 41 and section 5(1) of the Access to Information Act is arbitrary, unfair, prejudicial and illegal.
Human Rights — Access to Information — Commercial Confidentiality Not Absolute Defence
Commercial confidentiality and concerns about competitive disadvantage do not constitute grounds for denying access to public documents where the state has failed to demonstrate that disclosure would prejudice state security, sovereignty, or individual privacy as required by Article 41 of the Constitution.

Legislation cited (8)

Full judgment

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Green Watch v Attorney General (MISCELLANEOUS CAUSE NO. 232 OF 2009) [2020] UGHC 414 (13 August 2020)
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.