The Constitutional Court held that appointing a sitting High Court judge as DPP was unconstitutional, but upheld the validity of that DPP’s past acts.
Asaph Ruhinda Ntegye & Anor v Attorney General (Constitutional Petition No. 33 of 2016) [2017] UGCC 3 (22 December 2017)
Court
Constitutional Court of Uganda
Case number
Constitutional Petition No. 33 of 2016
Judge
Kiryabwire, JA, Obura, JA
The Court found that Section 10(3) of the Labour Disputes (Arbitration and Settlement) Act No. 8 of 2006, which limits the tenure of the Chief Judge and Judge of the Industrial Court to five years, is inconsistent with the Constitution of Uganda. The Constitution prescribes that judicial officers, including those serving in subordinate courts established by Parliament such as the Industrial Court, enjoy security of tenure based on age, not fixed-term appointments. The Court held that the Industrial Court is a court of judicature under Article 129(1)(d), and its judges are judicial officers en…