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6 May 2023

Constitutional Law [2023] UGCC 100

Wakiso Miraa Growers and Dealers Association Limited v Attorney General

Wakiso Miraa Growers and Dealers Association Limited v Attorney General (Constitutional Petition No. 1 of 2017) [2023] UGCC 100 (6 May 2023)

Court: Constitutional Court of Uganda
Case number: Constitutional Petition No. 1 of 2017
Judge: Monica K. Mugenyi, JCC, Kibeedi Mutangula, JCC, Mulyagonja, JCC, Musota, JCC, Buteera, DCJ

The court found that the applicant's petition raised substantial constitutional questions regarding the legislative process, specifically the requirement for quorum during the passage of the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015. Upon reviewing the Hansard and affidavits, the court determined that there was no evidence that the Speaker ascertained the existence of quorum at the critical voting stages, nor was there evidence of the actual number of members present. The court held that the expressions 'Question put and agreed to' and 'Report adopted' in the Hansard did…

Source excerpt

Parliamentary Quorum
Legislative Process
Constitutional Supremacy
Public Participation
Statutory Nullification

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1 Oct 2006

Administrative Law [2006] EACJ 1

Mwatela and Others v East African Community (Application 1 of 2005)

Mwatela and Others v East African Community (Application 1 of 2005) [2006] EACJ 1 (1 October 2006)

Court: East African Court of Justice
Case number: Application 1 of 2005
Judge: Mulwa JA, Ramadhani JA, Warioba JA

The Court held that the meeting of the Sectoral Council on Legal and Judicial Affairs held between 13th and 16th September 2005 was not lawfully constituted under the Treaty, as its membership did not comply with the requirement that only Ministers may represent Partner States in the Council and its Sectoral Councils. The attendance of non-Ministers as representatives rendered the meeting and its decisions invalid. Consequently, the purported withdrawal of Bills from the East African Legislative Assembly was not effected in accordance with the Assembly's Rules, which require a motion and leav…