The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The panel of five Justices of the constitutional court has dismissed an application challenging the constitutionality of the Tobacco Control Act 2016 citing lack of merit.
The judges are Alfonse Owiny Dollo, the Deputy Chief Justice, Kenneth Kakuru, Fredrick Engonda-Ntende, Hellen Obura and Ezekiel Muhanguzi.
The judges delivered their judgment yesterday morning on the petition filed by British American Tobacco-BAT, which sells and distributed Tobacco products.
In its petition, BAT argued that the Tobacco Control Act was unjustifiably enacted to single out the tobacco industry that amounts to a ban on the right to trade and consume a legal product in contravention of the right to freedom from discrimination.
The Act among other regulations seeks to protect the public from the adverse effects of tobacco such as diseases like Tuberculosis and lung cancer, which can result into death. It also prohibits people from smoking in public places.
BAT asked court to declare Section 15(2) of the Tobacco Control Act null and void; saying was passed in contravention of some articles in the Constitution including article 26, 29 (1) 40(2), 26 and 29(1).
The said articles talk about protection from deprivation of property, freedom of conscience, expression, movement, religion, assembly, association and economic rights.
However, in a unanimous judgment delivered by Justice Kenneth Kakuru on behalf of the five member panel, the constitution court Judges dismissed petition, says there was nothing constitutional that requires interpretation save for dragging court into unacceptable debate of discussing tobacco.
“This petition, I have no doubt in mind is part of a global strategy by the petitioner and others engaged in the same or related to undermine legislation in order to expand boundaries of their trade and increase on their profits irrespective of the adverse health risks their products pose to the human population”, said Kakuru.
He said that the requirement by Tobacco companies to display a graphic Health warning message covering 65% of the cigarette packet is necessary since it is now adopted by over 43 countries.
Kakuru said that this was adopted by 43 States including Uganda as a measure to protect children and consumers who are ignorant about the dangers of tobacco smoking and that it may result into almost 14 cancers, premature births, strokes, heart attacks and impotence.
Quoting the World Health Organization report, Justice Kakuru noted that there is need to protect Ugandans from the effects of tobacco since the WHO report estimates that in the next two decades, the annual death toll from tobacco is expected to rise from over 8 million to by more than 80 percent.
He dismissed the petition, saying there was nothing in the petition to suggest that the rights of the petitioner have been curtailed beyond what is justifiable in the constitution.
He ordered BAT to pay costs of the suit to the respondents including Attorney General and the Center for Health, Human rights and Development –CEHURD. BAT has since shifted its business to the neighboring Kenya.
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