Mwenda and Another v Attorney General
Mwenda and Another v Attorney General [2010] UGCC 9 (25 August 2010)
Sections 39 and 40 of the Penal Code Act, which criminalize sedition, are inconsistent with Articles 29(1)(a) and 43(2)(c) of the Constitution because they impose vague, overly broad, and unjustifiable limitations on the right to freedom of expression. The respondent failed to prove that these limitations are acceptable and demonstrably justifiable in a free and democratic society. The provisions catch a wide range of speech, including legitimate criticism of government and leaders, and create uncertainty about the boundaries of lawful expression, thereby infringing constitutional rights. The…
Source excerpt
- Freedom Of Expression
- Sedition
- Limitations On Rights
- Sectarianism
- Constitutional Review
- Criminal Defamation