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Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules

Statutory Instrument 31 of 2019 Current version · as at 31 May 2019
Enacted2019
Commenced31 May 2019
Last amended—
Point-in-time consolidation · as at 31 May 2019. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

4 parts · 12 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules

Commenced on 31 May 2019

[This is the version of this document at 31 May 2019.]

Part I

1. Title

These Rules may be cited as the Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, 2019.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Title”.

“These Rules may be cited as the Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, 2019.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. These Rules may be cited as the Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, 2019.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
2. Application

These Rules apply to all courts of Judicature

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application” applies.

“These Rules apply to all courts of Judicature”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
3. Objectives

The objectives of these Rules are (a) to promote the right of any person to institute court action where he or she believes that a fundamental right or other human right or freedom under Chapter Four of the Constitution has been violated, or that there is a threat that it is likely to be violated;

(b)

to encourage the development of constitutional and public interest litigation;

(c)

to provide guidance to courts and litigants in the handling of public interest litigation; and

(d)

to promote clarity, uniformity and consistency in the handling of public interest litigation.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory right

This section creates or regulates the entitlement described as “Objectives”.

“The objectives of these Rules are (a) to promote the right of any person to institute court action where he or she believes that a fundamental right or other human right or freedom under Chapter Four of the Constitution has been violated, or that there is a threat that it is likely to be violated;”
Primary legislation Source quotation matched
Practical effect

A person relying on the entitlement should identify the statutory conditions and the person or institution against whom it operates.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) to encourage the development of constitutional and public interest litigation;
  2. (c) to provide guidance to courts and litigants in the handling of public interest litigation; and
  3. (d) to promote clarity, uniformity and consistency in the handling of public interest litigation.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
4. Interpretation

In these Rules, unless the context otherwise requires

"fundamental and other human rights and freedoms" mean any of the rights provided for in Chapter Four and Article 45 of the Constitution;

"public interest" includes the interest of society or any segment of society in promoting human rights, democracy, rule of law and good governance;

"public interest litigation" means actions provided for in rule 5(2).

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In these Rules, unless the context otherwise requires "fundamental and other human rights and freedoms" mean any of the rights provided for in Chapter Four and Article 45 of the Constitution;”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. "public interest" includes the interest of society or any segment of society in promoting human rights, democracy, rule of law and good governance;
  2. "public interest litigation" means actions provided for in rule 5(2).
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part II

5. Actions that may be instituted under these Rules
(1)

The following actions may be instituted under these Rules-

(a)

where there has been an infringement or threatened infringement of a fundamental right or other human right or freedom;

(b)

an action under Article 137 of the Constitution;

(c)

an application for a writ of habeas corpus; or

(d)

an action in public interest.

(2)

A public interest action may be instituted in the following circumstances-

(a)

where there has been an infringement or threatened infringement of a fundamental or other human right or freedom guaranteed under Chapter Four of the Constitution;

(b)

in a matter of public importance that promotes human rights, democracy, rule of law and good governance; or

(c)

where the public interest action constitutes any question as to the interpretation of the Constitution as provided for under article 137 of the Constitution.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Actions that may be instituted under these Rules”.

“(1) The following actions may be instituted under these Rules-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

9
  1. (1) The following actions may be instituted under these Rules-
  2. (a) where there has been an infringement or threatened infringement of a fundamental right or other human right or freedom;
  3. (b) an action under Article 137 of the Constitution;
  4. (c) an application for a writ of habeas corpus; or
  5. (d) an action in public interest.
  6. (2) A public interest action may be instituted in the following circumstances-
  7. (a) where there has been an infringement or threatened infringement of a fundamental or other human right or freedom guaranteed under Chapter Four of the Constitution;
  8. (b) in a matter of public importance that promotes human rights, democracy, rule of law and good governance; or

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
6. Who may institute an action
(1)

The following persons may bring an action to court for redress under rule 5-

(a)

a person acting in his or her own interest;

(b)

a person acting in the interest of another person;

(c)

a person acting as a member of, or in the interest of a group or class of persons;

(d)

a person acting in the public interest; or

(e)

an association or organisation acting in the interest of its members.

(2)

Under rule 5(1)(d), an action may be brought by any person against a person, government or organisation for redress where another person's rights or the rights of a group of persons have been violated or have been threatened to be violated.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Who may institute an action”.

“(1) The following persons may bring an action to court for redress under rule 5-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) The following persons may bring an action to court for redress under rule 5-
  2. (a) a person acting in his or her own interest;
  3. (b) a person acting in the interest of another person;
  4. (c) a person acting as a member of, or in the interest of a group or class of persons;
  5. (d) a person acting in the public interest; or
  6. (e) an association or organisation acting in the interest of its members.
  7. (2) Under rule 5(1)(d), an action may be brought by any person against a person, government or organisation for redress where another person's rights or the rights of a group of persons have been violated or have been threatened to be violated.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
7. Procedure under these Rules
(1)

Every application for an action under these Rules, shall unless specifically provided for to the contrary, be made by motion on notice supported by an affidavit in the form prescribed in the Schedule to these Rules.

(2)

A public interest action under rule 5(1)(d) shall be filed in the Constitutional Court under Article 137 of the Constitution.

(3)

An action filed under Article 137 of the Constitution shall be filed in the form of a petition in accordance with the Constitutions. Court (Petitions and References) Rules, 2005, or by way of reference under Article 137 (5) of the Constitution.

(4)

An application for a writ of habeas corpus shall be made in accordance with the Judicature (Habeas Corpus) Rules S.I. 13-6.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Procedure under these Rules”.

“(1) Every application for an action under these Rules, shall unless specifically provided for to the contrary, be made by motion on notice supported by an affidavit in the form prescribed in the Schedule to these Rules.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) Every application for an action under these Rules, shall unless specifically provided for to the contrary, be made by motion on notice supported by an affidavit in the form prescribed in the Schedule to these Rules.
  2. (2) A public interest action under rule 5(1)(d) shall be filed in the Constitutional Court under Article 137 of the Constitution.
  3. (3) An action filed under Article 137 of the Constitution shall be filed in the form of a petition in accordance with the Constitutions. Court (Petitions and References) Rules, 2005, or by way of reference under Article 137 (5) of the Constitution.
  4. (4) An application for a writ of habeas corpus shall be made in accordance with the Judicature (Habeas Corpus) Rules S.I. 13-6.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
8. Details of motion
(1)

A motion for an action under these Rules shall specify the following-

(a)

the right infringed, or threatened to be infringed;

(b)

the provision of the Constitution violated, or threatened to be violated;

(c)

the category of persons affected;

(d)

the grounds for the application; and

(e)

the relief or reliefs sought.

(2)

Where a matter relates to the enforcement of individual rights and freedoms, the provisions of subrule (1) of this rule shall apply with such modifications as may be necessary.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Details of motion”.

“(1) A motion for an action under these Rules shall specify the following-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) A motion for an action under these Rules shall specify the following-
  2. (a) the right infringed, or threatened to be infringed;
  3. (b) the provision of the Constitution violated, or threatened to be violated;
  4. (c) the category of persons affected;
  5. (d) the grounds for the application; and
  6. (e) the relief or reliefs sought.
  7. (2) Where a matter relates to the enforcement of individual rights and freedoms, the provisions of subrule (1) of this rule shall apply with such modifications as may be necessary.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part III

9. Application of the Civil Procedure Act

Where these Rules do not sufficiently provide for any service of process, procedure or other related matter in an action brought under these Rules, the Civil Procedure Act and the Civil Procedure Rules shall apply with necessary modifications

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application of the Civil Procedure Act” applies.

“Where these Rules do not sufficiently provide for any service of process, procedure or other related matter in an action brought under these Rules, the Civil Procedure Act and the Civil Procedure Rules shall apply with necessary modifications”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where these Rules do not sufficiently provide for any service of process, procedure or other related matter in an action brought under these Rules, the Civil Procedure Act and the Civil Procedure Rules shall apply with necessary modifications
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Civil Procedure Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
10. Expert evidence

In determining an application for public interest litigation, the court may call for expert evidence

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Expert evidence”.

“In determining an application for public interest litigation, the court may call for expert evidence”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. In determining an application for public interest litigation, the court may call for expert evidence
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part IV

11. Reliefs
(1)

The reliefs that may be granted under these Rules are-

(a)

declaration of rights and freedoms;

(b)

declaration of invalidity of a law or conduct, to the extent of inconsistency with the Constitution;

(c)

an injunction or other prohibitory or restitutory order or decree;

(d)

compensation;

(e)

damages; and

(f)

any other relief as the court may deem fit.

(2)

The court shall, in granting any relief under subrule (1), take into consideration-

(a)

the need to redress a public injury; or

(b)

the need to enforce a public duty.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Reliefs”.

“(1) The reliefs that may be granted under these Rules are-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

10
  1. (1) The reliefs that may be granted under these Rules are-
  2. (a) declaration of rights and freedoms;
  3. (b) declaration of invalidity of a law or conduct, to the extent of inconsistency with the Constitution;
  4. (c) an injunction or other prohibitory or restitutory order or decree;
  5. (d) compensation;
  6. (e) damages; and
  7. (f) any other relief as the court may deem fit.
  8. (2) The court shall, in granting any relief under subrule (1), take into consideration-

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
12. Revocation of S.I. No. 55 of 2008

The Judicature (Fundamental Rights and Freedoms) (Enforcement Procedure) Rules, 2008 are revoked Schedule (Rule 7(1))

The Republic of Uganda Miscellaneous Cause No. _______ of___________________________

____________________________________________________________ Applicant(s)

Versus

_____________________________________________________________ Respondent(s)

Notice of motion [State the law under which the application is brought]

TAKE NOTICE that the court will be moved on the __________________day of _____________ 20 _____ or as soon as counsel for the applicant can be heard on the applicant's behalf for an order of court for the following relief(s)-

(Specify the relief or reliefs sought under rule 11)

Dated at __________________ this ________ day of of _______________________ 20 _____

Signed: _______________________

Applicant or Advocate for Applicant

GIVEN under my hand and the Seal of this Court this __________________________________ day of ___________ 20 _____

____________________

Registrar/Magistrate

To: The Respondent or Advocate for the Respondent

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “Revocation of S.I. No. 55 of 2008”.

“The Judicature (Fundamental Rights and Freedoms) (Enforcement Procedure) Rules, 2008 are revoked Schedule (Rule 7(1))”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Revocation of S.I. No. 55 of 2008”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 May 2019) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.