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Uganda Case Law

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Constitutional Law [2023] AfCHPR 29

Kaunda and Others v Republic of Malawi (Application 013/2021)

Kaunda and Others v Republic of Malawi (Application 013/2021) [2023] AfCHPR 29 (5 September 2023)

The African Court found no violations in a Malawi election petition challenge and held the application admissible, dismissing reparations and ordering each party to bear its own costs.

  • Right To Participate In Government
  • Equal Protection Of Law
  • Right To Be Heard
  • Electoral Disputes
  • Election-petitions
  • Right-to-be-heard
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Constitutional Law [2022] AfCHPR 67

Belghuith v Tunisian Republic (Aplication No. 002/2022)

Belghuith v Tunisian Republic (Aplication No. 002/2022) [2022] AfCHPR 67 (23 June 2022)

The African Court deferred a request for provisional measures because the relief sought was the same as the main application and would risk prejudging the merits.

  • Judicial Independence
  • Separation Of Powers
  • Right To Participate In Government
  • Rule Of Law
  • Provisional Measures
  • Self Determination
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Constitutional Law [2021] AfCHPR 44

Kaunda and Others v Republic of Malawi (Application No. 013/2021)

Kaunda and Others v Republic of Malawi (Application No. 013/2021) [2021] AfCHPR 44 (11 June 2021)

The African Court dismissed a request to halt a Malawi by-election, finding prima facie jurisdiction but no irreparable harm, despite established urgency.

  • Right To Equal Protection
  • Right To Be Heard
  • Right To Participate In Government
  • Provisional Measures
  • By Election Stay
  • Irreparable Harm
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Constitutional Law [2020] AfCHPR 31

Noudehouenou v Republic of Benin (Application No. 003/2020)

Noudehouenou v Republic of Benin (Application No. 003/2020) [2020] AfCHPR 31 (25 September 2020)

The African Court granted provisional measures in part, ordering Benin to remove obstacles to the applicant’s candidacy for the 2021 presidential election.

  • Electoral Rights
  • Right To Participate In Government
  • Freedom Of Association
  • Freedom Of Expression
  • Democratic Governance
  • Provisional Measures
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Constitutional Law [2019] AfCHPR 53

XYZ v Benin (Application for Provisional Measures No. 004/2019) (Application No. 059/2019)

XYZ v Benin (Application for Provisional Measures No. 004/2019) (Application No. 059/2019) [2019] AfCHPR 53 (2 December 2019)

The Court found that while it had prima facie jurisdiction to consider the application, the Applicant failed to provide evidence of extreme gravity, urgency, or a serious risk of irreparable harm as required for the grant of provisional measures under Article 27(2) of the Protocol. The Applicant's allegations regarding the neutrality of the COS and the potential impact on the electoral process were deemed to relate to the merits of the case, which would be addressed in due course. In the absence of substantiated evidence demonstrating imminent and irreparable harm, the Court concluded that th…

  • Electoral Commissions
  • Right To Participate In Government
  • Equal Protection
  • Provisional Measures
  • Democratic Governance
  • Judicial Review
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Constitutional Law [2019] AfCHPR 48

Emile and Others v CĂ´te d'Ivoire (Application No. 044/2019)

Emile and Others v CĂ´te d'Ivoire (Application No. 044/2019) [2019] AfCHPR 48 (28 November 2019)

The African Court dismissed a request for provisional measures over Côte d’Ivoire’s electoral commission reform, finding no extreme urgency or irreparable harm.

  • Electoral Commission Reform
  • Compliance With Court Orders
  • Right To Participate In Government
  • Equality Before The Law
  • Provisional-measures
  • Electoral-commission-reform
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Constitutional Law [2017] AfCHPR 126

Nyamwasa and Others v Republic of Rwanda (Application No. 016/2015)

Nyamwasa and Others v Republic of Rwanda (Application No. 016/2015) [2017] AfCHPR 126 (24 March 2017)

The African Court dismissed an application for interim measures seeking to stop Rwanda’s constitutional referendum on presidential term limits, finding the request had been overtaken by events.

  • Presidential Term Limits
  • Constitutional Amendment
  • Right To Participate In Government
  • Judicial Independence
  • Interim-measures
  • Constitutional-amendment
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Constitutional Law [2005] ACHPR 68

Lawyers For Human Rights v Swaziland (Communication 251 of 2002)

Lawyers For Human Rights v Swaziland (Communication 251 of 2002) [2005] ACHPR 68 (11 May 2005)

The African Commission found that the Kingdom of Swaziland, by maintaining the King's Proclamation of 1973 and subsequent decrees, failed to bring its domestic laws in conformity with the African Charter after ratification. The vesting of all state powers, including judicial authority, in the King, the prohibition of political parties, and the restriction of association and assembly rights constitute ongoing violations of Articles 1, 7, 10, 11, 13, and 26 of the Charter. The Commission determined that judicial remedies in Swaziland are ineffective or unavailable, satisfying the exception to t…

  • Judicial Independence
  • Freedom Of Association
  • Freedom Of Assembly
  • Right To Participate In Government
  • Separation Of Powers
  • Fair Trial Rights
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Public International Law [1998] ACHPR 2

Constitutional Rights Project and Another v Nigeria (Communication 102 of 1993)

Constitutional Rights Project and Another v Nigeria (Communication 102 of 1993) [1998] ACHPR 2 (31 October 1998)

The African Commission held that Nigeria’s annulment of the 1993 election, detentions of activists and journalists, and seizure of publications breached the Charter.

  • Right To Participate In Government
  • Arbitrary Detention
  • Freedom Of Expression
  • Ouster Clauses
  • Press Freedom
  • Right To Remedy
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Election Petitions [1996] ACHPR 7

Peoples Democratic Organisation for Independence and Socialism v Gambia (Communication 44 of 1990)

Peoples Democratic Organisation for Independence and Socialism v Gambia (Communication 44 of 1990) [1996] ACHPR 7 (31 October 1996)

The Commission found a communication on voter registration in The Gambia had been amicably resolved after the government conceded the grievances and promised electoral reform.

  • Voter Registration Procedure
  • Electoral Fraud Prevention
  • Exhaustion Of Local Remedies
  • Right To Participate In Government
  • Voter-registration
  • Electoral-fraud
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.