Uganda Constitution

Parliament of Uganda

Constitutional Court (Petitions and References) Rules, 2005

These Rules may be cited as the Constitutional Court (Petitions and References) Rules, 2005. Defines terms used in the Rules including Court, original court, petition, reference, and Registrar. Th…

Jurisdiction: Uganda
Structure: 24 provisions
Citation: Statutory Instrument 91 of 2005
Dates: Undated source snapshot

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Source attribution: Source: Uganda Legal Information Institute

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“These Rules may be cited as the Constitutional Court (Petitions and References) Rules, 2005.”

These Rules may be cited as the Constitutional Court (Petitions and References) Rules, 2005. Defines terms used in the Rules including Court, original court, petition, reference, and Registrar. The Court must hear and determine petitions under article 137(7) as soon as possible; it may suspend other matters, sit daily including weekends and public holidays if necessary, and the Court or Deputy Chief Justice may order the Registry to stay open on Sundays and public holidays to facilitate filings. The Court may adjourn the trial of a petition. All evidence at the trial in favour of or against a petition shall be by way of affidavit filed in Court.

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Preliminary - Title

These Rules may be cited as the Constitutional Court (Petitions and References) Rules, 2005.

Section 1

Petitions under article 137(3) of the Constitution - Death of petitioner

A petition abates on the death of the sole petitioner or the last surviving petitioner unless the cause of action continues; if the Registrar is satisfied of such a death the Registrar must forthwith cause a notice to be posted on the Court's notice board.

Section 14

Petitions under article 137(3) of the Constitution - Service

Section 5

References to the Constitutional Court - Manner of making reference to Court

When a reference under article 137(5) is to be made, the original court must submit the reference in Form II of the Schedule and the Registrar of the original court must submit eight copies; a reference must be accompanied by a copy of…

Section 18

Miscellaneous - Revocation of Legal Notice No 3 of 1996 and Legal Notice No 4 of 1996

Revokes the 1996 Directions titled "The Interpretation of the Constitution (Procedure) Rules, 1992 (Modification) Directions, 1996" and "the Rules of the Constitutional Court (Petitions for Declarations under article 137 the Constitution) Directions, 1996."

Section 24

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Showing 24 of 24 provisions

Provision 19Interpretation 3SubstitutionAmendment

Part I

Preliminary

§ 1Preliminary - TitleProvision

These Rules may be cited as the Constitutional Court (Petitions and References) Rules, 2005.

Section Title Section These Rules may be cited as the Constitutional Court (Petitions and References) Rules, 2005.

Section 1

§ 2Preliminary - InterpretationInterpretation

Defines terms used in the Rules including Court, original court, petition, reference, and Registrar.

Section Interpretation Section In these Rules, unless the context otherwise requires— “ Court ” means the Constitutional Court established by article 137 of the Constitution; “ original court ” means a court of law other than a Field Court Martial, hearing proceedings in the course of which a question as to the interpretation of the constitution has arisen; “ petition ” means the petition of a party seeking to institute proceedings for a declaration or redress under article 137(3) of the Constitution; “ reference ” means a reference as to the interpretation of the Constitution as provided for in article 137(5) of the Constitution; “ Registrar ” means the Registrar of the Court .

Section 2

Part II

Petitions under article 137(3) of the Constitution

§ 10Petitions under article 137(3) of the Constitution - Expeditious hearingProvision

The Court must hear and determine petitions under article 137(7) as soon as possible; it may suspend other matters, sit daily including weekends and public holidays if necessary, and the Court or Deputy Chief Justice may order the Registry to stay open on Sundays and public holidays to facilitate filings.

Section Expeditious hearing Section The Court shall, in accordance with article 137(7) of the Constitution, hear and determine the petition as soon as possible and may for that purpose, suspend any other matter pending before it. The Court shall sit from day to day and may, for the purposes of hearing and determining the petition , sit during Saturdays, Sundays and on public holidays where the Court considers it necessary for ensuring compliance with article 137(7) of the Constitution. In any case, the Court or the Deputy Chief Justice may order that the Registry of the Court shall stay open on Sundays and public holidays to facilitate the filing and service of documents connected with the proceedings of the petition .

Section 10

§ 11Petitions under article 137(3) of the Constitution - AdjournmentProvision

The Court may adjourn the trial of a petition.

Section Adjournment Section The Court may, in exceptional circumstances on application by a party to the petition , or of its own motion, adjourn the trial of a petition from time to time.

Section 11

§ 12Petitions under article 137(3) of the Constitution - Evidence at trialProvision

All evidence at the trial in favour of or against a petition shall be by way of affidavit filed in Court.

Section Evidence at trial Section All evidence at the trial in favour of or against a petition shall be by way of affidavit filed in Court . With the leave of the Court , any person swearing an affidavit which is before the Court , may be cross examined or recalled as a witness if the Court is of the opinion that the evidence of the witness is likely to assist the Court to arrive at a just decision. The Court may, of its own motion, examine any witness or call and examine or recall any witness if the Court is of the opinion that the evidence of the witness is likely to assist the Court to arrive at a just decision. A person summoned as a witness by the Court under subrule (3) may, with the leave of the Court , be cross examined by the parties to the petition . The Court may refer the matter to the High Court to investigate and determine the appropriate redress.

Section 12

§ 13Petitions under article 137(3) of the Constitution - Consolidation of petitionProvision

If multiple petitions are presented about the same matter, the Court may direct that some or all of them be dealt with as a single petition.

Section Consolidation of petition Section Where more petitions than one are presented in relation to the same matter, the Court may direct that some or all of those petitions be dealt with as one petition .

Section 13

§ 14Petitions under article 137(3) of the Constitution - Death of petitionerProvision

Section Death of petitioner Section A petition shall abate by the death of a sole petitioner or by the death of the survivor of two or more petitioners unless the cause of action survives or continues. The abatement shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred. Where the Registrar is satisfied of the death of a sole petitioner or the death of the survivor of several petitioners, the Registrar shall forthwith, cause a notice of it to be posted on the notice board of the Court .

Section 14

§ 15Petitions under article 137(3) of the Constitution - Death of respondentProvision

If the respondent to a petition dies, the petition shall not on that account abate.

Section Death of respondent Section If the respondent to a petition dies, the petition shall not on that account abate.

Section 15

§ 16Petitions under article 137(3) of the Constitution - Withdrawal of petitionProvision

A petitioner may withdraw a petition by lodging written notice before hearing; the petitioner must serve copies to respondents who complied with rule 6 within seven days; multiple petitioners must consent to withdrawal; consent by all parties leads to dismissal without costs; otherwise dismissal with costs, unless the Court orders otherwise; applications under subrule (5) must be made within fourteen days.

Section Withdrawal of petition Section A petitioner may at any time after presenting a petition in the Court and before the petition is called on for hearing, lodge in the Registry, notice in writing that he or she wishes to withdraw the petition . The petitioner shall, before or within seven days after lodging the notice of withdrawal, serve copies of the notice on each respondent who has complied with rule 6. Where there is more than one petitioner, the petition shall not be withdrawn without the consent of the other petitioners. If all the parties to the petition consent to the withdrawal of the petition , the petitioner may lodge in the appropriate registry the document or documents signifying the consent of the parties; and the petition shall then be dismissed without costs. If not all the parties consent to the withdrawal of the petition , the petition shall stand dismissed with costs, except as against any party who has consented, unless the Court , on the application of the petitioner, otherwise orders. An application under subrule (5) shall be made within fourteen days after the lodging of the notice of withdrawal.

Section 16

§ 17Petitions under article 137(3) of the Constitution - IrregularitiesProvision

Proceedings on a petition cannot be defeated by a formal objection or by irregularity in any notice or other document sent by the Registrar to any party to the petition.

Section Irregularities Section Proceedings upon a petition shall not be defeated by any formal objection or by the irregularity of any notice or any other document sent by the Registrar to any party to the petition .

Section 17

§ 3Petitions under article 137(3) of the Constitution - Form and contents of petitionProvision

A petition under article 137(3) must be in the Schedule form; it must allege that a law or any act or omission is inconsistent with the Constitution; it must be divided into consecutively numbered paragraphs each confined to a distinct inconsistency; it must state addresses for personal service, include a signed note naming the petitioner’s advocate or stating self-representation, be accompanied by an affidavit and, where appropriate, the redress prayed for, and be accompanied by a list of documents intended to be relied on; costs will not be allowed for petitions not substantially in compliance unless the Court orders.

Section Form and contents of petition Section The petition shall allege— The petition shall conclude with a prayer that the Court — The petition shall— A petition under article 137(3) shall be in the form specified in the Schedule to these Rules. that an Act of Parliament or any other law or anything in or done under the authority of any law is inconsistent with or in contravention of a provision of the Constitution; or that any act or omission by any person or authority is inconsistent with or in contravention of a provision of the Constitution; The petition shall be divided into paragraphs numbered consecutively, each of which shall be confined, as nearly as may be, to a distinct inconsistency or contravention complained of. No costs shall be allowed for the drawing or copying of any petition not substantially in compliance with this rule, unless the Court otherwise orders. make a declaration that an Act of Parliament or any other law or anything in or done under the authority of any law is inconsistent with the Constitution; or make a declaration that any act or omission by any person or authority is inconsistent with or in contravention of a provision of the Constitution; grant an order for redress; or refer the matter to the High Court to investigate and determine the appropriate redress. state the address of the place where personal service can be effected on the petitioner and on any respondent to the petition ; contain a note signed by the petitioner or the petitioner’s advocate giving the name of the petitioner’s Advocate or stating that the petitioner acts for himself or herself; be accompanied by an affidavit setting out the matters referred to in rule 3(2); where appropriate, the redress prayed for. The petition shall also be accompanied by a list of any documents on which the petitioner intends to rely.

Section 3

§ 4Petitions under article 137(3) of the Constitution - Presentation of petitionProvision

The petitioner must lodge the petition at the Court registry, provide eight copies with the Registrar (for Court use and service on the Attorney General if not a party), pay appropriate fees, and deposit 200,000 shillings as security for costs; if subrule (3) is not complied with the Registrar shall not receive the petition.

Section Presentation of petition Section The petitioner shall, at the time of presenting the petition — The petition shall be presented by the petitioner by lodging it at the registry of the Court . The petitioner shall lodge with the Registrar the petition together with eight copies of the petition for use by the Court and for service on the Attorney General, if the Attorney General is not a party. pay the appropriate fees; deposit two hundred thousand shillings as security for costs. Where subrule (3) is not complied with, the petition shall not be received by the Registrar .

Section 4

§ 5Petitions under article 137(3) of the Constitution - ServiceProvision

The petitioner must serve a copy of the petition on the respondent immediately upon presentation; if the Attorney General is not a respondent the Registrar must serve the Attorney General; when personal service cannot be effected within five days the petitioner or their advocate must immediately apply to the Registrar with an affidavit; if satisfied the Registrar may order alternative service under Order V; the Registrar must in any case post a copy on the Court notice board.

Section Service Section Immediately upon presentation of the petition , the petitioner shall serve a copy of the petition on the respondent. Where the Attorney General is not a respondent to the petition , the Registrar shall serve a copy of the petition on the Attorney General. Service of a document referred to in these Rules on a respondent shall be personal, except as provided in subrule (4). Where a respondent cannot be found within five days for effecting personal service on him or her, the petitioner or his or her advocate shall immediately make an application to the Registrar supported by an affidavit, stating that all reasonable efforts have been made to effect personal service on the respondent but without success. If the Registrar on an application under subrule (4) is satisfied that all reasonable efforts have been made to effect personal service on the respondent but without success, the Registrar may order that service be effected in any of the other ways prescribed by Order V of the Civil Procedure Rules. The Registrar shall, in any case, post on the Court notice board a copy of the petition .

Section 5

§ 6Petitions under article 137(3) of the Constitution - Answer by respondentProvision

Respondent must give the Registrar a contact address within three days of service; to oppose must file an answer within seven days, lodge eight copies and an affidavit, serve the petitioner immediately; if respondent fails to give an address the Registrar shall post documents on the Court notice board and that posting is sufficient notice; petitioner must supply requested particulars within fourteen days.

Section Answer by respondent Section A respondent on whom a petition has been served shall, within three days after the service of the petition on him or her, furnish to the Registrar in writing, signed by the respondent or the advocate of the respondent, an address to which any document may be sent relating to the proceedings on the petition and intended for the respondent. Where the respondent fails to comply with subrule (1), the Registrar shall post up every such document as is referred to in that subrule on the Court notice board, and the posting up shall be sufficient notice of it to the respondent. Where the respondent wishes to oppose the petition , the respondent shall, within seven days after the petition was served on him or her, file an answer to the petition . The respondent shall lodge with the Registrar the answer together with eight copies of the answer for use by the Court and for service on the Attorney General if the Attorney General is not a party. The answer of the respondent shall be accompanied by an affidavit stating the facts upon which the respondent relies in support of his or her answer. The respondent shall, immediately upon lodging his or her answer with the Registrar , serve a copy of the answer on the petitioner or his or her advocate. Where the respondent requires further particulars of the petition , he or she shall apply for the particulars together with the answer. The petitioner shall, subject to the directions of the Court , supply any particulars requested under subrule (7) within fourteen days after the service on the petitioner of a request for the particulars by the respondent.

Section 6

§ 7Petitions under article 137(3) of the Constitution - Unopposed petitionProvision

If a respondent served with a petition intends not to oppose it, the respondent must file a signed written notice at the Registrar at least three days before the trial and take specified service and copying steps; the Registrar must serve and post copies.

Section Unopposed petition Section If a respondent upon whom a petition has been served, intends not to oppose the petition , he or she shall lodge a written notice of that intention signed by the respondent at the office of the Registrar at least three days before the day appointed for trial, exclusive of the day on which the notice is filed. The respondent shall provide to the Registrar with the notice at the time of lodging it, a sufficient number of copies of the notice for use by the Court and for service on the Attorney General and other respondents if any. The respondent shall, immediately upon lodging the notice, serve a copy on the petitioner or on his or her advocate. Where a notice is filed under subrule (1), the Registrar shall forthwith serve a copy of the notice on the Attorney General, if the Attorney General is not a party, and post up a copy of the notice on the Court notice board. Notwithstanding that the petition is not opposed, it shall not be abated on that account.

Section 7

§ 8Petitions under article 137(3) of the Constitution - Place and time of trialProvision

The Registrar must give notice of the time and place of trial as soon as possible by specified methods; the Court must set scheduling and trial dates (usually within seven days) and will direct the time and place of the trial.

Section Place and time of trial Section Notice of the time and place of trial shall be given by the Registrar as soon as possible in the following manner— If, after notice of trial has been given as provided in this rule, and before the trial has begun the Registrar receives— The trial of a petition shall be held at such time and place as the Court shall direct. Where the petition and answer have been duly served, and any application for further and better particulars has been determined, or, as the case may be, where notice of intention not to oppose has been served, the Court shall set a date to hold a scheduling conference to sort out points of agreement and disagreement. After the scheduling conference, the Court shall set a date for trial of the petition which shall be within seven days after the date of the scheduling conference. The Court shall, in any case, fix the date for the trial of the petition within seven days after the due service of the petition on the respondent where the respondent has neither filed an answer to the petition nor filed a notice of intention not to oppose the petition . In a case to which subrule (3) of this rule applies, or where the respondent has filed a notice of intention not to oppose the petition , the petition shall, unless withdrawn, be heard and determined by the Court . by posting up a notice on the Court notice board; by serving a copy of the notice on each party to the proceedings and on the Attorney General, if the Attorney General is not a party to the proceedings. information of the death of a sole petitioner or the death of the survivor of several petitioners; or notice of the petitioner’s intention to apply for leave to withdraw the petition ,

Section 8

§ 9Petitions under article 137(3) of the Constitution - Trial in open courtSubstitution

Petitions must be heard in open court by an odd number of Justices of the Court of at least five; if a Justice cannot attend another Justice may be substituted and the hearing continues.

Section Trial in open court Section A petition shall be heard in open court by an odd number of Justices of the Court not being less than five. Where any Justice of the Court is prevented by illness or any other reason from attending the hearing of a petition , another Justice may be substituted and the hearing shall continue, subject to subrule (1).

Section 9

Part III

References to the Constitutional Court

§ 18References to the Constitutional Court - Manner of making reference to CourtInterpretation

Section Manner of making reference to Court Section Where a reference to the Court regarding any question as to the interpretation of the Constitution under article 137(5) of the Constitution is to be made, the original court shall submit the reference in terms of Form II of the Schedule to these Rules, stating the specific questions or issues to be answered or resolved by the Court . The Registrar of the original court shall submit to the Court eight copies of the reference and a reference shall be accompanied by a copy of the record of proceedings of the original court .

Section 18

§ 19References to the Constitutional Court - Service of referenceProvision

When the reference arrives from the original court, the Registrar of the Court must serve that reference on all parties to the proceedings and on the Attorney-General.

Section Service of reference Section Upon receipt of the reference from the original Court , the Registrar of the Court shall serve the reference on all parties to the proceedings in which the question of law has arisen and on the Attorney-General, and the addresses for service shall be as given by the parties in the proceedings in the original court .

Section 19

§ 20References to the Constitutional Court - Notice for directionsAmendment

At the time of service of the reference, the Registrar of the Court must give notice to all parties and to the Attorney-General of the date for their attendance on the Court for directions on listed matters, and of the date and proposed length of the hearing.

Section Notice for directions Section At the time of service of the reference , the Registrar of the Court shall give notice to all parties and to the Attorney-General of the date for their attendance on the Court for directions on the following matters— whether the questions or issues set out in the reference should be amended; whether at the hearing of the issues, apart from arguments of law, there is need for oral or affidavit evidence; except that the Court may, of its own motion call such evidence as will assist it in determining the real issues arising out of the reference ; and the date of the hearing and the proposed length of the hearing which shall be within twenty one days or as soon thereafter as may be practicable.

Section 20

§ 21References to the Constitutional Court - Proceedings of courtProvision

On receipt of a reference, the Court must as soon as practicable answer or resolve the questions or issues in the reference; the Court may take or direct the original court to take further evidence; proceedings shall be by legal argument of the parties; the Court's decision and a copy of proceedings shall be remitted to the original court.

Section Proceedings of court Section On receipt of the reference , the Court shall, as soon as practicable answer or resolve the questions or issues set out in the reference and may for that purpose, take or direct the original court to take such further evidence as may be required. The proceedings before the Court shall be by way of legal arguments of the parties either written or oral or both which shall be presented to the Court in such order as the Court may determine. The decision of the Court together with a copy of its proceedings shall be remitted to the original court .

Section 21

§ 22References to the Constitutional Court - Disposition of caseProvision

The original court must dispose of the case according to the Court's decision, or according to the Supreme Court if there was an appeal.

Section Disposition of case Section The original court shall dispose of the case in accordance with the decision of the Court or the Supreme Court if there was an appeal from the decision of the Court .

Section 22

Part IV

Miscellaneous

§ 23Miscellaneous - Civil Procedure Act, and rules to applyProvision

The practice and procedure for petitions or references should, as far as possible, follow the Civil Procedure Act, rules made under it, and the Court of Appeal Rules with modifications the Court considers necessary; for appeals, the Supreme Court Rules apply with necessary modifications.

Section Civil Procedure Act, and rules to apply Section Subject to the provisions of these Rules, the practice and procedure in respect of a petition or a reference shall be regulated, as nearly as may be, in accordance with the Civil Procedure Act and the rules made under that Act and the Court of Appeal Rules, with such modifications as the Court may consider necessary in the interest of justice and expedition of the proceedings. For purposes of appeals against a decision of the Court , the Supreme Court Rules shall apply with such modifications as may be necessary.

Section 23

§ 24Miscellaneous - Revocation of Legal Notice No 3 of 1996 and Legal Notice No 4 of 1996Interpretation

Section Revocation of Legal Notice No 3 of 1996 and Legal Notice No 4 of 1996 Section The Interpretation of the Constitution (Procedure) Rules, 1992 (Modification) Directions, 1996 and the Rules of the Constitutional Court (Petitions for Declarations under article 137 the Constitution) Directions, 1996 are revoked.

Section 24

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