[2010] UGCC 9

[2010] UGCC 9

Sections 39 and 40 of the Penal Code Act, which criminalize sedition, are inconsistent with Articles 29(1)(a) and 43(2)(c) of the Constitution because they impose vague, overly broad, and unjustifiable limitations on the right to freedom of expression. The respondent failed to prove that these limitations are acceptable and demonstrably justifiable in a free and democratic society. The provisions catch a wide range of speech, including legitimate criticism of government and leaders, and create uncertainty about the boundaries of lawful expression, thereby infringing constitutional rights. The court found that the wording of the sedition provisions does not provide clear guidance or...

Citation
[2010] UGCC 9
Parties
Applicant: Andrew Mujuni Mwenda; Applicant: Eastern African Media Institute (U) Ltd; Respondent: Attorney General
Court
Constitutional Court of Uganda
Jurisdiction
Uganda
Judgment Date
25 August 2010
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
Petitions allowed in part; sections 39 and 40 of the Penal Code Act declared unconstitutional and null and void; relief granted to 1st petitioner; no relief on sectarianism; costs awarded in part.
Judges
Byamugisha, JA, Kavuma, JA, Mukasa-Kikonyogo, DCJ, Nshimye, JA, Engwau, JA
Legal Topics
Freedom of Expression, Sedition, Limitations on Rights, Sectarianism, Constitutional Review, Criminal Defamation
Source Language
English
Constitutional Law Criminal Law Freedom of Expression Sedition Limitations on Rights Sectarianism Constitutional Review Criminal Defamation

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Parties

Andrew Mujuni Mwenda

Applicant

Eastern African Media Institute (U) Ltd

Applicant

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether sections 39 and 40 of the Penal Code Act are inconsistent with Article 29(1)(a) of the Constitution regarding freedom of expression.
  2. 2 Whether the limitations imposed by sections 39 and 40 are acceptable and demonstrably justifiable in a free and democratic society under Article 43(2)(c).
  3. 3 Whether sections 42, 43, and 44 of the Penal Code Act relating to sedition should be declared redundant.

Ratio Decidendi

Sections 39 and 40 of the Penal Code Act, which criminalize sedition, are inconsistent with Articles 29(1)(a) and 43(2)(c) of the Constitution because they impose vague, overly broad, and unjustifiable limitations on the right to freedom of expression. The respondent failed to prove that these limitations are acceptable and demonstrably justifiable in a free and democratic society. The provisions catch a wide range of speech, including legitimate criticism of government and leaders, and create uncertainty about the boundaries of lawful expression, thereby infringing constitutional rights. The court found that the wording of the sedition provisions does not provide clear guidance or...

Court Disposition

Petitions allowed in part; sections 39 and 40 of the Penal Code Act declared unconstitutional and null and void; relief granted to 1st petitioner; no relief on sectarianism; costs awarded in part.

Orders

  • Sections 39 and 40 of the Penal Code Act are inconsistent with Articles 29(1)(a) and 43(2)(c) of the Constitution and are null and void.
  • Sections 42, 43, and 44 of the Penal Code Act relating to sedition are redundant.