Uganda Case Law

Faridah Nakazibwe v Attorney General

Faridah Nakazibwe v Attorney General (Constitutional Petition 15 of 2019) [2024] UGCC 28 (11 March 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 15 of 2019

Judge

Kiryabwire, JCC, Mulyagonja, JCC, Gashirabake, JCC, Eva K. Luswata, JA/JCC, Kihika, JA /JCC

The core issue was whether the Media Council Disciplinary Committee is a subordinate court under the Constitution or an administrative body. The Court found that the Committee, as established by the Press and Journalists Act, lacks the characteristics of a subordinate court: its members are not required to have judicial qualifications, its procedures and remedies are administrative in nature, and its primary function is regulatory rather than judicial. The Court relied on constitutional interpretation and precedent, particularly the Supreme Court's guidance that the classification of courts d…

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• Judicial Review
• Media Regulation
• Administrative Tribunals
• Subordinate Courts
• Constitutional Interpretation

Human Rights Network For Journalists Ltd and Another v Attorney General

Human Rights Network For Journalists Ltd and Another v Attorney General (Constitutional Petition No. 25 of 2018) [2023] UGCC 97 (17 March 2023)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition No. 25 of 2018

Judge

Monica K. Mugenyi, JCC, Gashirabake, JCC, Madrama, JCC, Musoke, JCC, Egonda-Ntende, JCC

The Constitutional Court found that the challenged provisions of the Uganda Communications Act, 2013 do not violate the constitutional rights to freedom of the press, property, equality, or fair administrative treatment. The Minister's oversight of the Uganda Communications Commission and related bodies is aimed at ensuring accountability and efficiency, and does not amount to unconstitutional interference. Licensing requirements for disposal of radio communications apparatus, while constituting a limitation on property rights, are reasonable and justifiable in a free and democratic society.…

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• Freedom Of Expression
• Media Regulation
• Administrative Oversight
• Property Rights
• Non Discrimination
• Licensing Requirements

Akena & 3 Others v Uganda Communications Commission & 3 Others

Akena & 3 Others v Uganda Communications Commission & 3 Others (Miscellaneous Application 84 of 2019) [2023] UGHC 340 (21 February 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 84 of 2019

Judge

Ajiji, J

The court found that the questions raised by the applicants regarding the compliance of sections 29, 31, 41, and the 4th schedule of the Uganda Communications Act, 2013 with the East African Community Treaty could be fully addressed by the High Court itself. The court emphasized that Article 34 of the EAC Treaty gives national courts discretion to refer matters to the EACJ only if it is necessary to enable them to give judgment. In this case, the court determined that there was no necessity to refer the matter for a preliminary ruling, as the issues could be competently resolved within the na…

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• Preliminary Reference
• Treaty Interpretation
• Media Regulation
• Jurisdiction Of National Courts

Center for Public Interest Law (CEPIL) and 2 Others v Attorney General (Consitutional Petition No. 9 of 2014)

Center for Public Interest Law (CEPIL) and 2 Others v Attorney General (Consitutional Petition No. 9 of 2014) [2021] UGCC 44 (23 July 2021)

Court

Constitutional Court of Uganda

Case number

Consitutional Petition No. 9 of 2014

Judge

Kasule, Ag JCC, Monica K. Mugenyi, JCC, Kiryabwire, JCC, Musoke, JCC, Obura, JCC

The Court held that the impugned sections of the Press and Journalist Act Cap 105, including those relating to registration, licensing, accreditation, disciplinary measures, and ministerial powers, are not inconsistent with Articles 28(12), 29(1)(a) and (e), and 40(2) of the Constitution. The provisions are sufficiently defined, prescribe clear penalties, and provide minimal guidelines for enforcement, thus avoiding arbitrary application. The regulatory framework, including the composition and accountability of the Media Council, meets international standards for independence and transparency…

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• Freedom Of Expression
• Media Regulation
• Journalist Licensing
• Public Morality
• Fair Hearing
• Association Rights

Bukenya Church Ambrose v Attorney General

Bukenya Church Ambrose v Attorney General (Miscellaneous Cause No. 13 of 2010) [2021] UGHCCD 71 (7 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 13 of 2010

Judge

Musa Ssekaana, J

The court held that the right to freedom of speech, expression, and media under Article 29(1)(a) of the Constitution is not absolute and may be lawfully limited by legislation that is reasonable, justifiable, and pursues a legitimate aim. The Electronic Media Act prescribes a licensing regime for broadcasters to ensure orderly and accountable use of the public spectrum, which is a scarce resource. The applicant and associated radio stations failed to obtain the necessary outside broadcasting licences and did not comply with minimum broadcasting standards, despite repeated warnings and opportu…

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• Freedom Of Expression
• Broadcasting Licensing
• Constitutional Limitations
• Media Regulation
• Public Participation
• Minimum Broadcasting Standards

Editors Guild Uganda Limited & Another v Attorney General

Editors Guild Uganda Limited & Another v Attorney General (Miscellaneous Cause 400 of 2020) [2021] UGHCCD 282 (18 January 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 400 of 2020

Judge

Nambayo, J

The High Court quashed Media Council directives requiring journalists to register and be accredited for 2021 election coverage, finding them ultra vires and irregular.

• Judicial Review
• Ultra Vires Actions
• Media Regulation
• Freedom Of Expression
• Procedural Irregularity
• Judicial-review

FORSC and Others v Burundian Journalists Union and Another (Application 2 of 2014)

FORSC and Others v Burundian Journalists Union and Another (Application 2 of 2014) [2014] EACJ 137 (15 August 2014) (First Instance Division)

Court

East African Court of Justice

Case number

Application 2 of 2014

Judge

Lenaola JA, Mkwawa JA, Ntezilyayo JA

The Court held that the admission of amici curiae is discretionary and must be exercised judiciously, considering the interests of justice and the facts presented. Despite the Applicants not filing individual documents of interest or constitutions, the Court accepted the statement of interest by their representative, an officer of the Court, and noted the absence of any challenge to their existence or relevance. The Court recognized the Applicants' expertise and international standing in press freedom matters, and found that their participation would benefit the Court's jurisprudence without…

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• Amicus Curiae Admission
• Freedom Of Expression
• Press Freedom
• Judicial Discretion
• Media Regulation
• Treaty Interpretation

Zimbabwe Lawyers For Human Rights and Another v Republic of Zimbabwe (Communication 284 of 2003)

Zimbabwe Lawyers For Human Rights and Another v Republic of Zimbabwe (Communication 284 of 2003) [2009] ACHPR 97 (3 April 2009)

Court

African Commission on Human and Peoples Rights

Case number

Communication 284 of 2003

The African Commission found that the Supreme Court of Zimbabwe, by invoking the clean hands doctrine and refusing to hear the applicants' constitutional challenge to AIPPA on the merits, did not violate Articles 3 (equality before the law) or 7 (right to have one's cause heard) of the African Charter, as the Court addressed the preliminary issue and left the door open for the applicants to comply and return. However, the Commission held that the State's actions in closing the newspaper, seizing assets, and arresting employees were disproportionate and not justified, thereby violating the app…

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• Freedom Of Expression
• Judicial Review
• Media Regulation
• Right To Property
• Right To Work
• Exhaustion Of Local Remedies