Introduction

This Petition is brought under Article 137 (1), (2), (3) and (4) of the 1995 Constitution of Uganda and the Constitution Court (Petition and Reference) Rules 2005, Statutory Instrument No.91 of 2005.

Background

The petitioner (CEPIL) challenges the provisions of the Non-Government Organization Act 2016. The petitioner alleges that the provisions of the Non-Government Organization Act 2016 are inconsistent with and in contravention with particular Articles of 1995 Constitution of Uganda. That’s since the passing of the Act, the state agencies have consistently harassed, unabated, numerous Non-government organization and related civic organization particularly those involved in advocacy work in the areas of rule of law, constitutionalism, electoral democracy, development and human rights on the grounds allegedly, that they are involved in partisan activities which are illegal in view of the provision of the Act. The particular sections of the Non-Government Organization Act which are subject to the challenge are set out as follows.

The petition contends that;-

  1. Section 44 (a), (b), (c), (e), (g) and (h) of the Act contravenes and is inconsistent with Article 8A, 21 (1) and (2), 29 and 38(2) of the 1995 Constitution.
  2. Similarly, Article 29 (1) (a) and (e) provide for freedom of speech and expression which is unreasonably and unjustifiably proscribed in respect of non-government organization by the provision of Section 44 (g).

The petition is accompanied by an affidavit of Francis Obonyo the Petition’s programmes officer. It is therefore the petitioners prayer that the Honorable Court grants a declaration that Section 44 a, b, c, e, g and h of the Non-Governmental Organisation Act are unconstitutional and there null and void, and also grant an order expunging the said Section from the Act.