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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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15 Sept 2022

Constitutional Law [2022] UGCC 14

Centre For Health, Human Rights and Development and Other v Attorney General and Another

Centre For Health, Human Rights and Development and Other v Attorney General and Another (CONSTITUTIONAL PETITION NO. 22 OF 2O1 5) [2022] UGCC 14 (15 September 2022)

Court: Constitutional Court of Uganda
Case number: CONSTITUTIONAL PETITION NO. 22 OF 2O1 5
Judge: Buteera, DCJ, Kiryabwire, JCC, Musoke, JCC, Obura, JCC, Monica K. Mugenyi, JCC

The Constitutional Court held that its jurisdiction is strictly limited to matters requiring interpretation of the Constitution. The alleged failure by the Speaker to ascertain quorum during the passage of the Plant Variety Protection Act, 2014 did not raise a constitutional interpretation issue, as the relevant rules were procedural and not constitutional provisions. The Court found that public participation in legislative processes is satisfied by representation through elected Members of Parliament, and the Constitution does not impose a direct obligation for public consultation unless spe…