Paul Amoru
2 June 2008
Kampala — The sigh of relief that followed a court ruling last week that police permission was not needed for one to hold a public demo, may be short-lived.
A law firm, which rendered legal service leading to the landmark decision over the weekend, disclosed that the Attorney General has served them with a notice of appeal.
"The AG has served us with a notice of appeal but he did not indicate the grounds for his move," said the lawyers from Rwakafuuzi and Company Advocates.
Supreme Court registrar Wolayo Henrietta has also confirmed seeing the notice from the AG.
The Constitutional Court on Tuesday nullified Section 32 of the Police Act which gave powers to the Inspector General of Police (IGP) to stop a public rally, demo or procession if he believed that such a gathering would cause breach of public peace.
In their landmark ruling, five judges unanimously agreed that the law represented a limitation "on the enjoyment of a fundamental right to freedom of assembly and association".
Mr Jackson Kafuuzi, one of the senior lawyers who handled the case, said the AG's decision is within procedure and he (AG) may now be preparing a memorandum with details of his cause of action.
If indeed the AG goes ahead with the appeal, he is expected to write to the Constitutional Court demanding details of the ruling before filing a memorandum of appeal in the Supreme Court.
The lawyers spoke jointly with Mr Mohammed Ndifuna, the National Coordinator for Human Rights Network Uganda (Hurinet) during a press briefing at Ntinda.
Mr Ndifuna asked the Police and other arms of government to welcome the decision of the Constitutional Court saying it relates to individual rights including those of Police officers.
He commended the judges and the entire Judiciary for pronouncing themselves boldly on the rights of freedom of assembly and demonstration.
"The decision should not be interpreted and taken to be undermining the role of the Police in maintaining law and order," Mr Ndifuna said.
He said individuals and groups who intend to demonstrate must do it within the law under Article 29 (d) of the Constitution.
Mr Kafuuzi, however, said the ruling does not touch the Police Act in Section 35 that allows the Internal Affairs minister through the Police Declaration of Gazetted Areas Statutory Instrument to ban certain rallies.
He said the ruling only dealt with the issue of seeking permission but that the Police still have the right to regulate the activities of demonstrators.
Last Friday, the media was awash with reports that the Police had told the Democratic Party not to entertain any idea of holding a rally at Clock Tower grounds as it will never be allowed, just a day after the Constitutional Court ruling.
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