The Supreme Court ruling said that the first amendment to the constitution made in 2000, which created the referendum, was unconstitutional. 

Another threatening implication of the ruling, according to Mr Walubiri, is that the second Referendum Law could be challenged. He said, "The law might be nullified and that would mean that the 2001 presidential and parliamentary elections would be null and void. That would open a pandora's box, and when that happens, the constitutional crisis which the government has been denying, would come to pass." 

Above all, the ruling makes it harder now for the Movement to create a third term for President Museveni through a constitutional amendment. 

The Supreme Court ruling sent a shock wave through the political structures in the country>>>>

*********

----- Original Message ----- 
From: Elum Aniap Godfrey Ayoo 
To: [log in to unmask] ; [log in to unmask] ; [log in to unmask] 
Cc: Edward Mulindwa 
Sent: Wednesday, February 04, 2004 12:44 AM
Subject: Ruling Could Open a Pandora's Box 


Ruling Could Open a Pandora's Box 

The East African (Nairobi) 
NEWS
February 2, 2004 
Posted to the web February 3, 2004 

By David Kaiza
Nairobi 

The law might be nullified and that would mean that the 2001 presidential and parliamentary elections would be null and void 

BY A single stroke, the ruling by the Supreme Court in Uganda last Thursday could have triggered off a constitutional crisis, with lawyers saying that the presidential and parliamentary elections of 2001 could be successfully challenged in a court of law. 

In the ruling, described as a "landmark," the Supreme Court said that all laws in Uganda must be harmonised to the basic tenets of the constitution. It means that many laws that restrict freedoms can be nullified by the courts. 

Peter Walubiri, a constitutional lawyer, told The EastAfrican, "If a law is seemingly consistent with or based on an article which allows derogation or violation of a right, there is now a possibility that the law can be declared null and void." 

The ruling is a serious blow to the campaign to get a third term for President Museveni, while the opposition, smelling legal victory against the government, is threatening to sue the Attorney General to strike down some of the laws that they say restrict basic freedoms. 

The Supreme Court ruling said that the first amendment to the constitution made in 2000, which created the referendum, was unconstitutional. Lawyers are of the opinion that the limits and ends of the ruling as well as its implications are too vast to grasp at once. 

Another threatening implication of the ruling, according to Mr Walubiri, is that the second Referendum Law could be challenged. He said, "The law might be nullified and that would mean that the 2001 presidential and parliamentary elections would be null and void. That would open a pandora's box, and when that happens, the constitutional crisis which the government has been denying, would come to pass." 

Above all, the ruling makes it harder now for the Movement to create a third term for President Museveni through a constitutional amendment. There are now possibilities that organisations like the media could get the constitutional court to strike out sections of the Penal Code which restrict press freedom. 

The Supreme Court ruling sent a shock wave through the political structures in the country and while the opposition was holding celebration parties in Kampala, the government was holding a crisis meeting. Sources said ministers with legal background and lawyers acting for the government as well as from private practice were drafted for a meeting to spell out the consequences of the judgment. 

In a ruling by the Chief Justice, Benjamin Odoki, which quoted widely from Common Law precedents across the Commonwealth, as well as a British Law ruling of 1839, the Supreme Court said: "The entire Constitution has to be read as an integrated whole, and no one particular provision destroying the other but each sustaining the other. This is the rule of harmony, rule of completeness and exhaustiveness and the rule of paramountcy of the written constitution. The third principle is that the words of the written constitution prevail over all unwritten conventions, precedents and practices. I think it is now widely accepted that a court should not be swayed by considerations of policy and propriety while interpreting provisions of the constitution." 

The ruling imperils a number of Acts, laying them vulnerable to a challenge in court. The Political Organisations Act, which has already been shredded by nullification, could now be successfully challenged. 

The Terrorism Act, which among others hands out hanging sentences for journalists who are found guilty of collaborating with rebel and "terrorist" groups, also becomes vulnerable. 

The Police Act has been pointed out by the opposition as a tool which has been used to harass and prevent the right of assembly. On January 12, 2002, a journalism student, Jimmy Higenyi was shot dead by the police, who were stopping a demonstration match by the opposition. 

The Penal Code, which has for decades been attacked by civil-rights activists as draconian, stands to be challenged in the constitutional court. 

Some sections of the Local Government Act that relate to elections are also in the balance now, while the Presidential and Parliamentary Elections Act would be in dissonance with the Constitution. 

The opposition says that parliament must act fast to streamline all the laws in the country to the constitution in order to avert a crisis. They warned that unless this happens, they would sue the government. 

Chaapa Karuhanga, president of the National Democratic Forum, said, "The laws in this country have to be harmonised." 

Both the government and parliament have been faulted by the ruling, which amounted to condemning them for undermining the constitution. 

Mr Walubiri said, "From now on, the constitutional court expects parliament to closely follow the constitution." 

In passing a law or an amendment, a two-thirds majority in parliament must consent to it. In the event that an amendment has been made to the law, the clerk to parliament must issue a Certificate of Compliance stating that it has been done. The Electoral Commission will also be expected to issue a certificate at the end of every electoral process, including a referendum, stating that it was held freely and fairly. 

The first amendment to the constitution, which was the basis of the ruling, was made in an atmosphere that lawyers described as "shameful." 

The amendment was pushed through in one day, contrary to the demand that it go through two presentations with a space of 14 days between each presentation. Parliament also lacked a quorum on the day it was passed. 

The implications for the immediate political future of Uganda are that amendments to article 105 (2) seeking to lift the two-term limits for the president will be harder to win. It will have to be accented to by a two-thirds majority. It also means that it will be harder for the Movement to try and circumvent a parliament that has grown bolder in opposition, by going through a referendum. 

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