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5 Aug 2021

Constitutional Law [2021] UGSC 3

Attorney General v Kabaziguruka

Attorney General v Kabaziguruka (Constitutional Application 5 of 2021) [2021] UGSC 3 (5 August 2021)

Court: Supreme Court of Uganda
Case number: Constitutional Application 5 of 2021
Judge: Owiny-Dollo, CJ, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mike Chibita, JSC

The Supreme Court found that the application raised serious constitutional and legal issues regarding the constitutionality of sections 2, 179, and 119(1)(h) of the UPDF Act, which were declared inconsistent with Articles 28(1) and 44(c) of the Constitution by the Constitutional Court. The Court held that there was a prima facie case and a likelihood of success on appeal, as the issues had not been conclusively interpreted, particularly concerning Article 210 of the Constitution. The Court also determined that the applicant would suffer irreparable injury and the appeal would be rendered nuga…

Source excerpt

Stay Of Execution
Military Jurisdiction
Right To Fair Hearing
Constitutionality Of Statutes
Court Martial Powers

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15 Aug 2012

Constitutional Law [2012] UGHC 166

Uganda v Gurindwa (Hct-00-ac-sc-0070 of 2012)

Uganda v Gurindwa (Hct-00-ac-sc-0070 of 2012) [2012] UGHC 166 (15 August 2012)

Court: High Court of Uganda
Case number: Hct-00-ac-sc-0070 of 2012
Judge: Wangutusi, J

The court held that the shifting of the burden of proof to the taxpayer under section 223 of the East African Community Customs Management Act does not violate the presumption of innocence guaranteed by Article 28(3)(a) of the Constitution. Article 28(4)(a) specifically allows laws to impose the burden of proving particular facts on the accused in criminal proceedings, and this exception is designed to ensure fairness in trials where the taxpayer is in possession of relevant evidence. The court found no breach of the right to a fair trial or the non-derogable rights under Article 44. Furtherm…