Maternal deaths case: Lawyers give submission
What you need to know:
- Justice Cheborion Barishaki asked whether government had since complied.
Lawyers in the maternal deaths constitutional petition were yesterday questioned by five justices of the Constitutional Court as they sought clarity on key issues.
The petition highlights two cases of Sylvia Nalubowa and Jennifer Anguko, who died unjustifiably during childbirth at Mityana and Arua hospitals, respectively.
The petition wants court to compel government to urgently take measures such as increasing budgetary allocations to the health sector to end rampant preventable maternal deaths.
Justice Kenneth Kakuru asked what would happen in case the court issued the declarations but the Executive declines to implement them.
“I know this court determines issues between parties in its judgments. However, does this court have powers to go ahead and supervise the Executive arm of State? The orders will not be final because government will have to come to the court and report on the progress of the implementation, can this be possible?” Justice Kakuru asked Mr Peter Walubiri, who represented the four petitioners.
He also said since the three arms of government are independent, courts would not want to issue orders that would interfere with the independence of Parliament.
In response, Mr Walubiri cited the presidential election petition by former prime minister Amama Mbabazi against President Museveni in which the Supreme Court ordered electoral reforms and directed government to regularly report to court on the progress of implementation.
Justice Cheborion Barishaki asked whether government had since complied.
“Do we now have the said electoral reforms as directed by the Supreme Court?” he asked.
Ms Patricia Mutesi, who represented the Attorney General, said the only orders court should make is in respect of the two families that lost their beloved ones due to negligence of the doctors but not to make a general declaration.
She warned that if court goes ahead, other litigants will also say budgetary allocations to other sectors is not enough.
