Wakilii

Greenwatch (U) Ltd v Attorney General and Anor (HCT-00-CV-MC-0139 of 2001)

High Court · [2002] UGHCCD 28 · 2002 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Constitutional application for access to information under Article 41 of the Constitution
Decision
Application partly allowed — agreements declared public documents but constitutional declaration refused for failure to prove corporate citizenship

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: The Power Purchase Agreement is a public document because it is incorporated by reference into the Implementation Agreement, a government agreement signed by a minister. Uganda Electricity Transmission Company Ltd qualifies as a state agency. Corporate bodies can be citizens under Article 41, but the applicant failed to prove its corporate citizenship by not adducing evidence of its membership. Application allowed in part — agreements declared public documents; declaration under Article 41 refused for failure to prove corporate citizenship.

Outcome

Application partly allowed — agreements declared public documents but constitutional declaration refused for failure to prove corporate citizenship

Facts

Greenwatch (U) Ltd, an NGO, sought access to the Power Purchase Agreement (PPA) between Uganda Electricity Board (UEB) and AES Nile Power Limited concerning a hydroelectric project at Dumbbell Island. Government refused, citing confidentiality clauses. The Implementation Agreement, signed by the Minister of Energy on behalf of Government, referenced and incorporated the PPA. UEB was a wholly government-owned statutory corporation; Uganda Electricity Transmission Company Ltd (UETCL) succeeded it. Government initially denied possessing the PPA, then admitted it after the applicant obtained parliamentary copies. Applicant sought declarations that the PPA is a public document and that refusal of access violated its Article 41 constitutional right. Respondents argued the applicant was not a citizen, UETCL was not a state agency, and the PPA was a private document.

Issues

  1. Whether the Power Purchase Agreement between Uganda Electricity Board and AES Nile Power Limited is a public document within the meaning of Section 72 of the Evidence Act.
  2. Whether the refusal to avail the Power Purchase Agreement to the applicant violates the applicant's constitutional right to access to information under Article 41 of the Constitution.
  3. Whether Uganda Electricity Transmission Company Ltd is an organ or agency of the state for purposes of Article 41 of the Constitution.
  4. Whether a corporate body can be a citizen for purposes of Article 41 of the Constitution.
  5. Whether the applicant qualifies as a corporate citizen entitled to access information under Article 41 of the Constitution.

Orders

  • Declared that the Implementation Agreement and the Power Purchase Agreement are public documents.
  • Application allowed in part and dismissed in part.
  • No order as to costs.

Rules and key headnotes

Access to Information — Public Documents — Incorporation by Reference
Where a government minister signs an Implementation Agreement that incorporates another agreement by reference, and that Implementation Agreement cannot be fully comprehended without the incorporated agreement, the incorporated agreement is also a public document under Section 72 of the Evidence Act.
Access to Information — State Agencies — Wholly Government-Owned Corporations
A limited liability company wholly owned by government that succeeds a statutory parastatal in a government-negotiated project qualifies as an organ or agency of the state for purposes of Article 41 of the Constitution, particularly where government guarantees the company's obligations under the project agreements.
Access to Information — Possession of Information — State Possession
For Article 41 of the Constitution to apply, it is sufficient that information is in the possession of the state; the state need not be a party to the agreement or document in question. Possession in whatever capacity is sufficient to trigger the constitutional obligation.
Citizenship — Corporate Citizenship — Access to Information
A corporate body may qualify as a citizen for purposes of Article 41 of the Constitution, by analogy with Article 237 which recognises that companies incorporated in Uganda with citizen members can own land. However, an applicant claiming corporate citizenship must adduce evidence of its membership to prove it qualifies.
Access to Information — Exceptions — State Security and Sovereignty
Where a respondent claims that disclosure of information would affect state security or sovereignty under Article 41 of the Constitution, the affidavit must disclose the grounds on which such a conclusion is based. A bare claim without substantiation will be rejected.

Legislation cited (6)

Cases cited (1)

  • Mugenyi and Co v Attorney General (Supreme Court Civil Appeal No. 43 of 1995)

Full judgment

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

Greenwatch (U) Ltd v Attorney General and Anor (HCT-00-CV-MC-0139 of 2001) [2002] UGHCCD 28 (12 November 2002)
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.