Defiance campaign ban expires

Justice Steven Kavuma banned the defiance activities on April 29. File photo

Kampala. The court order issued by Deputy Chief Justice Steven Kavuma banning all defiance campaign activities of the Forum for Democratic Change (FDC) expired at the weekend.
Justice Kavuma while sitting as a single judge of the Constitutional Court on April 29, issued orders banning the activities and those of the party’s former presidential candidate Dr Kizza Besigye.

What was outlawed included holding the weekly Tuesday prayers and countrywide demonstrations protesting what they claim was a rigged February 18 election in favour of President Museveni.
“An interim order doth issue against the 1st [FDC] and 2nd [Dr Kizza Besigye]respondents, their agents officials, supporters or any other person acting under their authority from engaging in demonstrations, processions, other public meetings, media campaigns or pronouncements including but not limited to the planned demonstration or procession scheduled for May 5, 2016 or any other day in furtherance of the defiance campaigning pending hearing and determination of the main application for temporary injunction,” Justice Kavuma’s orders read in part. While issuing the same ban, he said the orders would be in force for the next four weeks, which ended yesterday.
Responding to the expiry of Justice Kavuma’s orders, Mr Ssemujju Nganda, the FDC party spokesperson and Opposition Chief Whip in Parliament, said the ban was never respected by the party.

Mr Ssemujju added that soon, the party would come up with more defiance campaign activities that will be publically announced.
“We had never stopped with our defiance campaigns as we never respected Kavuma’s orders…” Mr Ssemujju said on phone yesterday.
Asked whether FDC will resume its weekly prayers tomorrow as it had been the practice before the ban, he only said: “I would rather live it at that.”
The police spokesperson, Mr Fred Enanga, when contacted, said they would seek legal guidance from the legal director of police on how to handle the situation.

“You should understand the reason for the ruling. It sought to allow the court dispose of the suit before it. But even without the ruling, there are laws governing public assembly. If FDC holds any gathering, definitely with shall use the appropriate laws,” Mr Enanga said in reference to the Public Order Management Act.
Asked whether FDC would be in contempt of court of it resumed with their defiance party activities, the Judiciary spokesperson, Mr Erias Kisawuzi, said court orders can be renewed. “While court orders have time frame, they can always be renewed,” Mr Kisawuzi said.

Efforts to reach the Attorney General, Mr Fred Ruhindi, and his deputy Mr Mwesigwa Rukutana, on whether they will move court again and have the earlier orders renewed, were futile as our repeated calls to them were never answered.
Justice Kavuma’s orders were issued upon being moved by the office of the Attorney General, a few days to President Museveni’s May 12 inauguration for his 5th elective term in office but FDC had insisted that the incumbent’s reelection was invalid and wanted an independent audit of the results.