The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The Constitutional Court has today ruled that Uganda’s Anti Homosexuality law was properly passed by parliament and largely complies with the constitution. On May 26th 2023, the President of Uganda Yoweri Kaguta Museveni assented to the Anti Homosexuality Bill of 2023 thereby turning it into law.
The court however struck down a few provisions of the Anti Homosexuality Act, but left most of the law intact. The nullified sections had criminalised the letting of premises for use for homosexual purposes, the failure by anyone to report acts of homosexuality to the Police for appropriate action, and the engagement in acts of homosexuality by anyone which results into the other persons contracting a terminal illness.
The court said they considered the “uniqueness of Uganda’s Constitution which obliges the courts of law to take into account the country’s socio-cultural norms, values and aspirations when resolving any disputes before them.”
Court also said that the Anti-Homosexuality Act was in general, a reflection of the sociocultural realities of the Ugandan society, and was passed by an overwhelming majority of the democratically elected representatives of the Ugandan citizens.
Activists, who were seeking to nullify the Anti Homosexuality Act of 2023 for criminalizing consensual sex among same-sex adults, said they will appeal to the Supreme Court!
The Constitutional Court comprised of the Deputy Chief Justice Richard Buteera, Geoffrey Kiryabwire, Muzamiru Mutangula Kibeedi, Monica Mugenyi, and Christopher Gashirabake.
The main four consolidated petitions stemmed from various groups such as civil society organizations politicians, including West Budama MP Fox Odoi and seven others, Makerere University Professor Sylvia Tamale Dr Busingye Kabumba and seven others, Lawyer Robert Rutaro and three others, and Bishop James Lubega Banda.
The petitioners were pushing for the removal of the law criminalizing consensual sex among same-sex adults. The petitioners argued that the Anti-Homosexuality Law, aside from imposing severe penalties such as death and heavy fines, infringes upon constitutional articles relating to personal freedoms, human rights, and dignity while hindering the fight against HIV/AIDS.
Interestingly, the proprietor of this media outlet too in listed in 2 of these petitions as though to insinuate something?! Would you consider it absurd that public sex is forbidden even if the 2 are consensual? Then if not absurd one can see why we need to protect and promote our society and it’s values within certain moral guidelines – the healthy boundaries.