[Home] [Databases] [WorldLII] [Search] [Feedback] Uganda: Constitutional Court

You are here:  SAFLII >> Databases >> Uganda: Constitutional Court >> 2005 >> [2005] UGCC 2

[Database Search] [Name Search] [Recent Decisions] [Noteup] [Help]

Miria Matembe and Others v Attorney-General (Constitutional Application No. 1 of 2005) [2005] UGCC 2 (15 March 2005)

.PDF of original document

.RTF of original document

THE REPUBLIC OF UGANDA

IN THE CONSTITUTIONAL COURT OF UGANDA

AT KAMPALA

CORAM: HON. MR. JUSTICE G.M.OKELLO, JA

HON. MR.JUSTICE S. G.ENGWAU, JA

HON. LADY JUSTICE C. N. B. KITUMBA

HON.LADY JUSTICE C.K.BYAMUGISHA,JA

HON.MR. JUSTICE S.K.B.KAVUMA,JA

CONSTITUTIONAL APPLICATION NO.1/05

BETWEEN

1. HON. MIRIA MATEMBE

2. HON. BEN WACHA

3. HON.ABDU KATUNTU:::::::::::::::::::::::::::::::::::APPLICANTS

AND

ATTORNEY-GENERAL:::::::::::::::::::::::::::::::::::::::::RESPONDENT

RULING OF THE COURT.

The applicants filed the instant application under Rule 13 of the Constitutional Court (Petition for Declaration under Article 137 of the Constitution) Direction Legal Notice No.4/96 and Rule 1(3) and 42 of the Court of Appeal Rules, Directions,1996 for orders that:

a) Parliament and its committees be temporarily restrained from further consideration of Constitutional(Amendment) Bill No.2/05 till the final determination of Constitutional Petition No.2/05 by the

Constitutional Court.

b) The costs of the application be provided for.

When the matter came before us for hearing, Mr Alfred Okello-Oryem, State Attorney representing the Attorney-General applied for two days' adjournment. The principal reason is that they were served at 9.10 a.m. this morning less than two hours ago and he was instructed to appear in court 30 minutes ago. In those circumstances he had no time to study the pleadings and prepare an affidavit in reply.

Mr Peter Walubiri, learned counsel for the applicants' appreciated the reasons advanced by Mr Okello-Oryem but submitted that because of the urgency of the matter, unless Parliament is restrained, it might meet this afternoon debate and pass the bill, as it has the power to suspend its rules of procedure and abridge the time-frame set therein. This would render the application nugatory. In the event that we are inclined to grant an adjournment, we issue an interim order to restrain Parliament and its committees from further consideration of the Bill until this application is heard and disposed of.

The basic principle of fair hearing demands that a party must be given an opportunity to be heard and present its case. On that principle, we think that it is necessary that the respondent be given an opportunity to file an affidavit in reply in support of its case. We allow the application for adjournment to 17/03/05 at 9.30 a.m. In the circumstances of this case, it is not necessary to grant an interim order of stay as prayed for by Mr Walubiri.

Dated at Kampala this 15^th day of March 2005.

G.M.Okello
Justice of Appeal

S.G.Engwau
Justice of Appeal

C.N.B. Kitumba

Justice of Appeal

C.K.Byamugisha

Justice of Appeal

S.B.K. Kavuma

Justice of Appeal