The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The case in which National Unity Platform-NUP leader Robert Kyagulanyi and four others are charged with disobedience of lawful orders has been referred to the constitutional court for interpretation.
The file was sent by Buganda Road Grade One Magistrate Doreen Olga Karungi.
Kyagulanyi is jointly charged with four others including David Lule also known as Selector Davie, Julius Katongole, Edward Ssebuwufu commonly known as Eddie Mutwe and Fred Nyanzi Ssentantamu.
The group is charged with disobeying sections five and ten of the Public Order Management-POMA Act of 2013.
Prosecution led by Ivan Kyazze alleges that on July 11, 2018, the accused and others still at large, held a public meeting without notifying police contrary to provisions of the Public Order Management Act (POMA). The state further alleges that the accused refused to coordinate and cooperate with police to ensure that all participants in the demonstration were unarmed and peaceful.
Kyagulanyi, together with a group of other activists, held a demonstration in downtown Kampala against the 200 Shillings excise duty for use of Over the Top (OTT) saying it was unfair since Ugandans were already paying for taxes on airtime.
When the case came up for hearing in February 2020, Anthony Wameli asked the court to halt the criminal proceedings and refer the case to the Constitutional Court on grounds that his clients are being charged under the laws which contravene provisions of the Constitution.
Wameli noted Section 5 and 10 of the POMA that requires a person organizing a public function to notify the police prior in writing, but according to Wameli, this is inconsistent with Article 29 of the Constitution which guarantees freedoms of assembly and association.
In her ruling on Thursday, the Magistrate noted that her court lacks powers to interpret constitutional provisions and decided to forward the file to the Constitutional Court Judges for interpretation.
Karungi also halted the criminal proceedings pending the outcome from the Constitutional Court.
She has also issued a criminal summons to Julius Katongole, Fred Nyanzi Ssentamu and Robert Kyagulanyi who were absent as she delivered the ruling. She also directed the parties to return to court on November 5, 2020, to update her on the progress and feedback from the constitutional court regarding this matter.
Earlier, roads leading to Buganda Road Magistrates Court had been blocked from the neighbouring Central Police Station. There was also heavy security deployment outside the court premises.
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