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Constitutional Law [2024] UGCC 29

Turyahabwa v Attorney General and Another (Consitutional Petition 50 of 2017)

Turyahabwa v Attorney General and Another (Consitutional Petition 50 of 2017) [2024] UGCC 29 (12 August 2024)

Court
Constitutional Court of Uganda
Case number
Consitutional Petition 50 of 2017
Judge
Buteera, DCJ, Cheborion, JCC, Kibeedi Mutangula, JCC, Monica K. Mugenyi, JCC, Eva K. Luswata, JA/JCC

The Constitutional Court held that Section 41(1) and (2) of the Anti-Corruption Act, 2009 does not contravene Article 28(3)(a) or (4) of the Constitution. The Court found that the impugned provisions are rationally connected to the legitimate objective of combating corruption and do not violate the presumption of innocence or privilege against self-incrimination. The request for a sworn statement from the accused is a lawful investigative tool, not an unconstitutional compulsion to self-incriminate, and is proportionate to the public interest in preventing corruption. The Court further held t…

Source excerpt

  • Presumption Of Innocence
  • Self Incrimination
  • Anti Corruption Legislation
  • Leadership Code Compliance
  • Burden Of Proof
  • Public Officer Liability
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Criminal Law [2015] UGHCACD 10

Gizibui & Anor v Uganda (HCT-00-AC-CN 29 of 2013)

Gizibui & Anor v Uganda (HCT-00-AC-CN 29 of 2013) [2015] UGHCACD 10 (12 May 2015)

Court
HC: Anti corruption Division (Uganda)
Case number
HCT-00-AC-CN 29 of 2013

The High Court found that the trial magistrate erred in law and fact by restricting proof of financial loss and false accounting to audit reports, disregarding other documentary and oral evidence that clearly implicated the accused. The Inspectorate of Government does not require DPP consent to prosecute abuse of office, as it has independent constitutional authority. The evidence established that Gizibui Sam (A1) requisitioned and received public funds for activities that were either not implemented or falsely accounted for, causing financial loss and abusing his office. The accountability d…

Source excerpt

  • Causing Financial Loss
  • Abuse Of Office
  • Embezzlement
  • False Accounting
  • Public Officer Liability
  • Anti Corruption Legislation
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.