Thread by @chapterfourug

In his judgment in the #POMA petition, Hon. Mr. Justice Kenneth Kakuru concurred with Hon. Mr. Justice Cheborion Barishaki's lead judgment in annuling the Public Order Management Act, 2013.

He however made several observations. In this #thread, we share a few highlights.

"I am unable to discern from the long title the objective of #POMA. It could not be that this country, which is stated by government to have been on a steady path of progress since 1986, has suddenly become unruly and unmanageable." ~ Justice Kakuru.

"Almost every freedom & or right in its enjoyment has a likelihood of impacting negatively on other people's rights. But that is the nature & price of democracy. The contention that, public assemblies would disrupt businesses or traders has no basis at all ~ Justice Kakuru

#POMA

"That contention is mere speculation & conjecture. I say so because the traders & the business communities in urban centres may themselves wish to hold public assemblies, rallies or protest as a way of expressing their concerns. This law would limit them ~ Justice Kakuru.

#POMA

"The reason given by the respondent (Attorney General) as the objective of the impugned law (#POMA) appears to presuppose that, there is a group of trouble makers distinct from the general law abiding members of the public... ~ Justice Kakuru.

"And that there is need to protect the law abiding citizens from these outlaws. I find, this an illegitimate objective, one that is not compelling enough or of such importance as to justify a limitation of freedom of expression, speech and or assembly," ~ Justice Kakuru.

#POMA

"It cannot be said that, possible interruption of businesses is sufficiently important as to warrant overriding a right to freedom of assembly, speech, expression and the press and media freedom for all Ugandans all the time." ~ Justice Kakuru.

#POMAnullified

"(#POMA) appears to serve no legitimate purpose... I find so because, there already exists on our statute books legislation tailored to curb the mischief if any resulting from unfettered freedoms & rights to expression, association, speech and the press and media ~ Justice Kakuru

"This is not an ordinary process to determine which of the parties has a better argument or the interpretation of English words. It is about upholding & defending human rights & freedoms in view of our past history as enshrined in the preamble to our Constitution ~ Justice Kakuru

"A law such as (#POMA) that defines a public meeting so broadly as to cover any gathering of 'two or more people' almost anywhere at any place in this country cannot pass the test set out in Article 43(2)(c) of the Constitution." ~ Justice Kakuru.

"(#POMA) in my humble opinion imposes conditions and restrictions that are unjustified. It makes it almost impossible for any person to hold a public meeting in Uganda unless of course the @PoliceUg permit him or her to do so." ~ Justice Kakuru.

"I have no reservation in finding that the impugned Act (#POMA) set limits that are irrational and vague. An ordinary person is unable to contemplate the conduct it forbids and that it does not." ~ Justice Kakuru.

"Whereas a law may appear to serve a legitimate and lawful purpose on the face of it, it's implementation may go beyond the limitation prescribed under Article 43(2)(c). In otherwise, a law may be constitutional but it's implementation may not." ~ Justice Kakuru. #POMA

"@PoliceUg has by default or design been implementing (#POMA) in any way they have considered desirable. In the result that, a law, the purpose of which was to manage & regulate public assemblies lawfully is now being used to effectively stop all public gatherings ~Justice Kakuru

"As a result of absence of Regulations, the law (#POMA) has become an instrument of political oppression. It criminalizes legitimate political dissent, debate, discussion and any other form of public political expression..." ~ Justice Kakuru

"It (#POMA) goes further to curtail & criminalize legitimate acts of the press & media, in normal execution of duty. It has criminalized membership of political opposition & other members of society considered by @PoliceUg as being undesirable elements of society ~ Justice Kakuru

"The legislature of this country (@Parliament_Ug), has itself been unable to understand how the impugned law (#POMA) could be implemented since it does not set out parameters or guidelines for public and the @PoliceUg to follow." ~ Justice Kakuru

"[I]n the absence of Regulations, the @PoliceUg is using (#POMA) to stop and criminalize private functions. The police has now barred gathering in private homes if in its own wisdom it conceives them to be of a political nature." ~ Justice Kakuru

"The @PoliceUg however, have not stopped any assemblies, processions or gatherings that are sanctioned by government or the Ruling Party. In this regard therefore, I find that the effect of this law (#POMA) is to stifle political dissent..." ~ Justice Kakuru

"No evidence whatsoever has been provided to show, let alone prove, that public gatherings stifle economic growth or disrupt business beyond what is justifiable in a free and democratic society." ~ Justice Kakuru.

#POMAnullified

"The government and its agencies, including security organs, have frequently used demonstrations to publicize their own programs and to positively rally the public for just causes." ~ Justice Kakuru

#POMAnullified

"In the recent past, His Excellency The President led a huge demonstration across the capital highlighting the evils of corruption in public institutions. All the activities in the capital went to a standstill, but it was a welcome measure." ~ Justice Kakuru.

#POMAnullified

"The city carnival, spontenous celebrations as such when the national football team 'the cranes' qualified for the African Cup.. to mention but a few attracted huge processions and crowds in the capital bringing to a standstill almost all businesses..." ~ Justice Kakuru. #POMA

"Nonetheless, none of those public gatherings did result into violence nor did they disrupt business, commerce or public order or trade beyond what is demonstrably justifiable in a free & democratic society. The point is that, in a democracy, one cannot pick & choose ~J. Kakuru

"It is my finding that, (#POMA) in the absence of clear, detailed Regulations that meet the Constitutional yardstick set out in the Constitution and expounded upon in this judgment sets limitations that are far beyond what is demonstrably justifiable... " ~ Justice Kakuru.