Wakilii

Possi and Another v Human Rights Awareness and Promotion Forum and Another

East African Court of Justice · [2015] EACJ 113 · 2015 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to intervene as amici curiae in Reference No. 6 of 2014
Decision
Application for leave to intervene as amici curiae dismissed

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Holding

The Court dismissed the application for leave to intervene as amici curiae. The 2nd Applicant was struck off for lack of proof that Dr. Possi had authority to file on its behalf. The 1st Applicant failed to demonstrate sufficient interest in the result of the underlying reference or particular expertise that would provide valuable assistance to the Court beyond general academic commentary.

Outcome

Application for leave to intervene as amici curiae dismissed

Facts

Dr. Ally Possi and the Centre for Human Rights, University of Pretoria applied for leave to intervene as amici curiae in Reference No. 6 of 2014, which concerned the validity of Uganda's Anti-Homosexuality Act, 2014. The applicants sought to assist the Court in distinguishing between human rights jurisdiction and interpretative jurisdiction under the Treaty for the Establishment of the East African Community. The 1st Respondent (HRAPF) did not object to the application. The 2nd Respondent (Attorney General of Uganda) opposed on grounds that the applicants did not meet the required standards of interest, expertise, and relevance. Dr. Possi claimed expertise based on doctoral research on the Court's functioning but provided no supporting materials. The Court found that Dr. Possi lacked proof of authority to file on behalf of the 2nd Applicant and that his proposed contribution would be purely academic and remote from the issues in the underlying reference.

Issues

  1. Whether Dr. Ally Possi and the Centre for Human Rights (University of Pretoria) should be admitted as amici curiae in Reference No. 6 of 2014.
  2. Whether the 2nd Applicant was properly before the Court in the absence of proof of authority to file on its behalf.

Orders

  • Application No. 1 of 2015 seeking leave to intervene as amicus curiae in Reference No. 6 of 2014 disallowed.
  • No order as to costs.

Rules and key headnotes

Amicus Curiae — Requirements for Admission — Authority to File
An application for leave to appear as amicus curiae must be supported by proof of authority where the applicant purports to file on behalf of another party. In the absence of such proof on the court record, the application in respect of that party is not properly before the court and must be struck off.
Amicus Curiae — Discretion of Court — Principles Governing Admission
Admission as amicus curiae is in the discretion of the court, which must be satisfied that the application is justified. The court must consider whether the amicus has an interest in the proceedings, whether the submissions are relevant, and whether they raise new contentions useful to the court that would not otherwise be available.
Amicus Curiae — Duty to Court — Neutrality and Novel Contentions
An amicus curiae has a special duty to provide cogent and helpful submissions that assist the court. The amicus must not repeat arguments already made but must raise new contentions based on data already before the court. The amicus must be neutral in adversarial disputes and must not adopt a partisan role.
Amicus Curiae — Expertise and Interest — Burden on Applicant
An applicant for admission as amicus curiae must demonstrate particular expertise or specialisation related to the issues in dispute and show that the submissions will give assistance to the court that would otherwise not be available. General expertise in law does not suffice. The applicant must also show sufficient interest in the result of the case.

Cases cited (4)

  • Avocats Sans Frontieres v Mbugua Mureithi (EACJ No. 2 of 2013)
  • Fose v Minister of Safety and Security 1997 (3) SA 786 (CC)
  • Mumo Matemu and Others v Kenya Section of the International Commission of Jurists and Another (Petition No. 12 of 2013)
  • Ministry of Health and Others v Treatment Action Campaign and Others 2002 (5) SA 713 (CC)

Full judgment

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

Possi and Another v Human Rights Awareness and Promotion Forum and Another [2015] EACJ 113 (25 November 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.