Judges to hear anti-gay petition named
Outspoken religious pastor Martin Sempa with other anti-homosexuality activists march on the streets of Kampala on March 31, 2014 in support of the government's stance against homosexuality. PHOTO/FILE/AFP
What you need to know:
- After Wednesday’s hearing and determination, judges will on December 18 hear the main petitions.
A panel of five judges have been named to hear four petitions challenging Uganda’s anti-homosexuality law enacted early 2023.
The five-member panel of the constitutional court was announced on Tuesday ahead of the Wednesday hearing of applications by Pr Martin Sempa and Eng Stephen Langa.
The judges include Deputy Chief Justice Richard Buteera as well as justice Christopher Gashirabake, Muzamiru Kibeedi, Monica Mugenyi and Geoffrey Kiryabwire.
In his application, Born Again faith Pr Sempa seeks to join the Attorney General (AG) as party in defending the anti-gay legislation.
In another application, Eng Stephen Langa wants to be joined as a necessary party as well as other amicus applications.
After Wednesday’s hearing and determination, judges will on December 18 hear the main petitions.
About 14 issues have been set out by both lawyers for the petitioners and the attorney general for court's consideration in determining the case.
Petitioners include West Budama lawmaker Fox Odoi, Uganda's Ambassador to South Africa Kintu Nyango, veteran journalist Andrew Mwenda, Makerere University Law professors Sylvia Tamale, Busingye Kabumba and several civil society organisations.
The issues for determination are whether the Anti-Homosexuality Act alters the decisions and or judgments of the court in contravention of Articles 92 of the Constitution.
The judges will also rule on whether the private member’s bill that introduced the Anti-Homosexuality Act, 2023 imposes a charge on the consolidated fund or any other public fund in contravention of Article 93(a) (ii) of the constitution.
"Whether the Anti-Homosexuality Act,2023 was enacted without meaningful and adequate public participation in contravention of objective II(1) of the National Objectives and Directive Principles of State Policy and Articles 1,2(1) and (2), 8A, 20, 36, 38, 79 of the Constitution," reads a section of the court documents.
The Anti- Homosexuality Act, 2023 prescribes tough penalties for various offences including participating in promotion, facilitation and failure to report acts of homosexuality.
Penalties range from death for aggravated homosexuality to imprisonment not exceeding 20 years.
