Court re-instates Besigye case

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The Constitutional Court has re-instated opposition figure Dr Kizza Besigye’s case challenging some sections of the Police act on Preventive arrest.

The same court had dismissed the 9-year-old Petition on grounds that Besigye hadn’t shown interest.

It later emerged that there had been miscommunication on court dates.

According to his aide Ronald Muhinda, laws on Police’s preventive detention have seen Besigye suffer the most since 2011.

Yet, the petition Besigye filed in 2012 was dismissed erroneously.

Melbet

Besigye argued that the Preventive detention procedures are unconstitutional enforced as a tool for political persecution.

Another judgement date will be set.

Appeal

Besigye pleaded with the Constitutional Court to reinstate a petition challenging a terrorism law in documents dated October 13, 2020.

Filings were received by the court on the same day.

On October 5, justices of the Constitutional Court dismissed Besigye’s push, on the premise that he had missed a crucial engagement .

The panel of justices concluded that both his absence and that of his lawyer implied disinterest.

But in his bid to revive the case, Besigye through his lawyers says the actual engagement was scheduled for October 26 and not October 5.

His lawyer Ernest Kalibbala has sworn an affidavit, saying there is documentary proof that the case road map indicates October 26 as the scheduled date of engagement.

“Neither the petitioner nor counsel for the petitioner were aware of the hearing date of 5th October 2020 because Constitutional Petition Number 52 of 2011 was fixed for hearing on 26th October 2020 and not 5th October 2020,” states Kalibbala.

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