Court nullifies section 8 of POMA law


The Constitutional Court has nullified section eight [8] of the Public Order Management Act [POMA], 2013 that has been a pain in the neck of many opposition figures.

Section 8 allows any police officer above the rank of inspector to stop a public meeting, disperse it and anyone who disobeys commits the offence of disobedience of lawful orders.

The 4-1 decision in favour of the nullification of some parts of POMA was delivered on Thursday.  

The four Justices are Kenneth Kakuru, Elizabeth Musoke, Cheboroin Barishaki and Geoffrey Kiryabwire.

Victoria University

Justice Stephen Musota was the only dissenting Justice.

The court further declared that all acts done under the law are null and void.

Court reasons that stifling democracy is bad for the economy, so the issue of protecting trades was just an excuse.

In 2013, after its enactment by Parliament and the assent of the same by President Museveni, civil society organisations; Human Rights Network, FIDA-Uganda and Deniva challenged its constitutionality in the constitutional court.

The suit also included Bishop Dr Zac Niringiye and Butambala MP Muwanga Kivumbi.



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