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Uganda Journalists Association & 2 Others v Uganda Communications Commisson (MISCELLANEOUS APPLICATIONS NO. 279 & 287 OF 2019)

High Court · [2019] UGHCCD 252 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory applications for temporary injunctions arising from judicial review applications concerning a regulatory directive
Decision
Temporary injunction granted restraining enforcement of the UCC directive pending determination of the main judicial review applications

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted a temporary injunction restraining the Uganda Communications Commission from implementing its directive requiring media houses to suspend producers, editors and heads of programs. The court held that on a balance of convenience, the directive had the far-reaching effect of unfairly violating constitutional rights to freedom of expression, information and the right to practice a profession. National security concerns must be specifically demonstrated and cannot be invoked to stifle constitutional rights without exceptional justification.

Outcome

Temporary injunction granted restraining enforcement of the UCC directive pending determination of the main judicial review applications

Facts

On 30 April 2019, the Uganda Communications Commission issued a directive to 13 media houses requiring them to immediately suspend their producers, heads of news and heads of programs pending investigation, and to submit recordings of programmes aired on 29 April 2019. The UCC acted on complaints from security agencies alleging that broadcasters were airing content likely to incite violence and create public insecurity. The applicants, comprising the Uganda Journalists Association and two individuals, filed applications for temporary injunctions to restrain enforcement of the directive, arguing it violated constitutional rights to freedom of expression, media freedom and the right to information. The UCC opposed the applications, contending it was acting within its statutory mandate to regulate the communications sector and that national security concerns justified the directive. At a meeting on 7 May 2019, the UCC clarified that affected persons should step aside from their roles rather than be suspended, though compliance with the directive varied among the media houses.

Issues

  1. Whether there was status quo to be maintained by the grant of a temporary injunction.
  2. Whether the applicants had locus standi to bring the application.
  3. Whether the applicants demonstrated a prima facie case with high chances of success.
  4. Whether the applicants would suffer irreparable loss if the injunction were denied.
  5. Where the court is in doubt on prima facie case and irreparable loss, whether the balance of convenience favoured granting the injunction.

Orders

  • Application allowed.
  • An injunction is issued restraining the Respondent, its agents, assignees and any person acting under the Respondent's authority or instructions from implementing the Respondent's directive of 30th April 2019 till final determination of the judicial review applications or until otherwise directed by this court.
  • Each party shall bear its own costs.

Rules and key headnotes

Administrative Law — Judicial Review — Locus Standi — Public Interest Litigation
In the era of public interest litigation, anyone aggrieved by an administrative decision can bring an action for judicial review, and claimants whose constitutional rights including the right to information are affected by an administrative directive have standing to bring such action.
Civil Procedure — Interlocutory Injunctions — Status Quo — Definition and Application
For the purpose of deciding whether an interlocutory injunction should be granted to preserve status quo, the status quo is the state of affairs existing during the period immediately preceding the issue of the writ and the filing of the motion, and an attempt by a party to change that state after the filing of an application may be seen as an attempt to defeat justice.
Civil Procedure — Interlocutory Injunctions — Balance of Convenience — Weighing Competing Interests
In determining the balance of convenience for an interlocutory injunction, the court weighs the mischief likely to be caused to the applicant if the injunction is refused against the prejudice likely to be caused to the other side if the injunction is granted, considering the threatened injury to each party and whether the injunction would impose a significant burden on either party.
Constitutional Law — Fundamental Rights — Freedom of Expression and Media Freedom — Limitations on Regulatory Action
Regulatory action by a statutory body cannot be used as an excuse to trample constitutional rights of citizens, and where a directive has the far-reaching effect of unfairly violating constitutional rights to freedom of expression, information and the right to practice a profession, the balance of convenience favours granting an injunction to restrain its enforcement.
Constitutional Law — National Security — Invocation as Justification for Rights Limitation
National security is a serious issue for which some rights may be waived temporarily in exceptional circumstances, but it cannot be waved like a magic wand to stifle the rights of citizens; its threat must be specifically and satisfactorily demonstrated before it can justify measures that curtail constitutional rights.

Legislation cited (9)

Cases cited (8)

  • Garden Cottage Foods Ltd v Milk Marketing Board [1984] AC 130
  • Thompson v Park [1944] 1 KB 408
  • Followes v Fisher [1975] 3 WLR 184
  • Re Newton 146 SW 3d 648 (Tex 2004)
  • Clovergem Fish & Foods Ltd v International Finance Corp & 7 Others [2002-2004] UCLR 132
  • American Cynard v. Ethicon [1075] ALL ER 504
  • Katusiime Elias v Arncy Holdings Ltd (HCMA No. 272 of 2005)
  • Uganda National Students Association and Others v Nkumba University (HCMA No. 35 of 2015)

Full judgment

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

Uganda Journalists Association & 2 Others v Uganda Communications Commisson (MISCELLANEOUS APPLICATIONS NO. 279 & 287 OF 2019) [2019] UGHCCD 252 (23 May 2019)
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.