Mbabazi v Church of Uganda Provincial Assembly & Another (Miscellaneous Cause 229 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court declined to grant judicial review where the applicant sought orders of mandamus compelling the Church of Uganda to constitute a Provincial Tribunal to hear ecclesiastical charges. The court held that since the Provincial Tribunal had already been established, the application was moot. The court invoked the church autonomy doctrine, holding that courts have limited jurisprudential competence to decide religious matters and should only interfere when practices seriously damage the constitutional fabric. The application was dismissed with each party bearing its own costs.
Outcome
Application dismissed after notice of withdrawal filed; parties encouraged to settle through established ecclesiastical mechanisms
Facts
The applicant sought orders of mandamus compelling the Church of Uganda Provincial Assembly and Board of Trustees to constitute a Provincial Tribunal to hear ecclesiastical charges against the Bishop of Kigezi Diocese, Rt Rev Gaddie Akanjuna, who allegedly accepted consecration as Bishop without the requisite academic qualifications. On 31 March 2023, Nelson Habasa filed articles of presentment requesting constitution of the Provincial Tribunal. After initial delays, the respondents acknowledged receipt in May 2023 and promised to constitute the Tribunal by end of July 2023. When no Tribunal was constituted, the applicant filed amended articles of presentment in August 2023. The respondents responded on 21 August 2023 that the original petition had been withdrawn and the new petition was irregular. During the proceedings, the applicant filed a notice of withdrawal. The respondents contended that the Provincial Tribunal had already been constituted under Minute 26/PASC3/PFH/JUNE2023(a).
Issues
- Whether the application is amenable for judicial review.
- Whether the failure by the respondents to constitute the Provincial Tribunal and provide hearing schedules for the charges levied against Rt Rev Gaddie Akanjuna is unjustified, unreasonable and illegal.
- What remedies are available to the parties.
Orders
- Application dismissed.
- Each party to bear its own costs.
Rules and key headnotes
Legislation cited (3)
Cases cited (1)
- Rt Rev Amos Magezi and 35 Others v Sendowoza Saight John and 3 Others (HCMA No. 811 of 2024)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.