We still have powers to disperse unlawful assemblies - Police

The police have urged the general public to seek clarity on the quashed sections of the Public Order Management Act (POMA) of 2013 before falling victim to unlawful assemblies.

The police spokesperson, Mr Fred Enanga, said they still have the authority to disperse any illegal gatherings.

Addressing the media yesterday, Mr Enanga emphasised that whereas the Constitutional Court nullified some provisions of the Act, it is still mandatory to inform and seek permission from police for security reasons before engaging in any public gathering.

“Individuals and political groups should know that although it is a fundamental right to peaceful assembly, they also have a duty to inform the police as of the requirement of Section 5,” Mr Enanga said.

Among others, Section 5 of POMA demanded that before organising any public gathering, the organisers should inform police about the date, time, and give details of the organisers, the location and consent of the venue owners, number of people expected and purpose for gathering.

However, on Friday last week, while considering a criminal case against the president of Opposition political party, the National Unity Platform (NUP), Mr Robert Kyagulanyi, aka Bobi Wine, for having participated in demonstrations against high taxes in 2018, five justices of the Constitutional Court held that the charge of disobedience of statutory duty against the protestors constituted an “impermissible limitation” on their right to freedom of assembly.

Their ruling held that sections 5 and 10 of POMA, to the extent that they impose penal sanctions on organisers and participants in peaceful public meetings, including demonstrations and assemblies, contravene the Constitution and therefore, are null and void.

This implies that no person can now be criminally charged for getting involved in a peaceful demonstration without first seeking permission from the Inspector General of Police as envisaged under sections 5 and 10 of the Act.

But Mr Enanga noted that police is still in-charge of streamlining public gatherings, saying anyone who will go against the law will be apprehended.

He added: “This doesn’t mean that the police don't have powers to regulate unlawful assemblies. The law provides for the regulation of illegal assemblies under the Penal Code Act. Therefore, we still have powers in place to disperse unlawful assemblies and riots.”

The five justices, who made the ruling in the case are; Elizabeth Musoke, Fredrick Egonda-Ntende, Christopher Madrama, Monica Mugenyi and Christopher Gashirabake.