We don’t intend to appeal anti-gay ruling, says govt

Government has said it does not have any intentions of appealing against last week’s court judgment that struck out some sections of the anti-homosexuality law.

The Attorney General, Mr Kiryowa Kiwanuka, in a telephone interview on Friday, said they still have 14 days in which to make up their mind on whether or not to appeal against the four provisions of the Anti-Homosexuality Act, 2023, that were outlawed by the Constitutional Court.

“The judgment is largely in our favour but we are going to study it and take a decision. At this point, we don’t have any intentions of appealing but we are still studying it,” he said.

Last Wednesday, a panel of five justices led by Deputy Chief Justice Richard Buteera, in a unanimous decision, largely upheld the anti-homosexuality law for being in line with the values and the constitution of the land.

Among untouched parts of the law is the provision on aggravated homosexuality punishable by death by hanging, which drew immediate reproach.

However, the justices nullified sections of the law that had criminalised the letting of premises for use for homosexual purposes, the failure by anyone to report acts of homosexuality to police, and the engagement in acts of homosexuality by anyone, which results in the other person contracting terminal illness.

“…Furthermore, Section 14 in its entirety has been adjudged to infringe on the right to health, privacy, and freedom of religion. The right to privacy in this context is recognised under Article 12 of the UDHR and Article 17(1) of the ICCPR, while the right to freedom of religion is encapsulated in Article 2g(1)(c) of the Constitution,” ruled the five justices.

Adding: “The upshot of our judgment is that this consolidated petition substantially fails with the following orders: (a) Sections 3(2) (c), 9, 1 1(2Xd) and 14 of the Anti-Homosexuality Act, 2023 do not pass constitutional muster and are hereby struck down.”

The annulled Section 3 (2) C defined aggravated homosexuality as the crime where the person against whom the offence is committed contracts a terminal illness as a result of the sexual act.

Section 9 of the Act, which was also nullified, provided that a “person who, knowingly allows any premises to be used by any person for purposes of homosexuality or to commit an offence under this Act, commits an offence and is liable, on conviction, to imprisonment for a period not exceeding seven years.”

Shortly after the court ruling, Deputy Speaker of Parliament Thomas Tayebwa, who was chairing the House, welcomed the decision, saying as legislators, they had played their part to have the said law enacted.
“The court found no fault in the process and the procedure and though there are some clauses of the law which the court nullified, as Parliament, we are happy with the outcome,” Mr Tayebwa said.

“For us, we are celebrating on our side but the Attorney General needs to internalise and see whether even nullified sections can be reinstated because he is our lead lawyer,” he added. The petitioners have since vowed to appeal against the decision of the Constitutional Court.

Some of the grounds that the petitioners had raised to have the law annulled were that the conduct of Speaker Anita Among was biased due to her alleged public proclamations in support of the MP Asuman Basalirwa’s Private Member’s Bill eventually enacted into law.

They had also said the law was enacted without “meaningful and adequate” consultations with, and participation of, the public.

The petitioners too, have 14 days to appeal and by press time last evening, they hadn’t put in their notice of appeal before the Supreme Court.

Background
Bugiri Municipality MP Asumani Basalirwa tabled the Anti Homosexuality Bill, 2023, following a public outcry over the alleged recruitment of school-going children into same-sex activities.

On May 26, last year, President Museveni signed the anti-gay Bill into law, kicking up a storm locally and in the Western world with some countries and donors closing the aid taps on Uganda.