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11 May 2021

Constitutional Law [2021] UGCC 14

Kakaire and Another v Uganda National Examination Board and Another

Kakaire and Another v Uganda National Examination Board and Another (Constitutional Petition No. 58 of 2013) [2021] UGCC 14 (11 May 2021)

Court: Constitutional Court of Uganda
Case number: Constitutional Petition No. 58 of 2013
Judge: Cheborion, JCC, Kibeedi Mutangula, JCC, Musoke, JCC, Mulyagonja, JCC, Egonda-Ntende, JCC

The Constitutional Court held that the Uganda National Examinations Board's practice of scheduling national examinations on Muslim religious holidays (Idd Adhua and Idd el-Fitr) infringed the constitutional right to freedom of religion of Muslim students, specifically their right to manifest their religion through observance of these holidays. The Court found that this practice was not justified under Article 43 of the Constitution, as no evidence was provided that such limitation was necessary to protect the rights of others or the public interest, nor was it demonstrably justifiable in a fr…

Source excerpt

Freedom Of Religion
Public Holidays
Reasonable Accommodation
Equality Rights

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18 Aug 2006

Constitutional Law [2006] UGSC 22

Dimance Sharon & 2 Ors v Makerere University

Dimance Sharon & 2 Ors v Makerere University (Constitutional Appeal 2 of 2004) [2006] UGSC 22 (18 August 2006)

Court: Supreme Court of Uganda
Case number: Constitutional Appeal 2 of 2004
Judge: Katureebe ,JSC, Odoki, Ag. JSC, Oder, J, J.W.N.Tsekooko, JSC, Karokora, JSC, Mulenga, JSC, Kanyeihamba, JSC

The Supreme Court held that while the appellants' right to freedom of religion is protected by the Constitution, this right is not absolute and must be balanced against the public interest and the administrative needs of the university. The university's policy of conducting lectures and examinations on any day of the week, including Saturdays, was found to be a reasonable and necessary measure to expand access to higher education and manage resources efficiently. The court found that the appellants were not coerced into violating their beliefs, as they were informed of the policy upon admissi…