Public Order Management Act practically redundant – Lawyers

Kampala, Uganda | THE INDEPENDENT | The Public Order Management Act-POMA is now redundant after a recent court decision that expunged a section that gave the Inspector General of Police sweeping powers stop public gatherings, a section of Ugandan lawyers has said.

The section was often cited by security officers to prohibit and disperse rallies and demonstrations organized by opposition politicians, for more than six years since the Act came into force. It specifically gave police officers a mandate to stop or prevent a public meeting held in contravention of the Act and provided a two-year prison sentence, upon conviction, for those who defied police directives.

But Political groups and human rights activists labelled the provision repugnant and ambiguous citing contradictions with the constitutional right to assemble and demonstrate as well as freedom of expression. On several occasions, the Police used the provision to stop public meetings on the basis that the venue was not suitable for purposes of the traffic control or disruption to businesses.

They got a glimmer of hope when the section was eventually nullified by the Constitutional Court on March 26. The decision was based on a petition filed in December 2013 by a group of human rights groups among them, Human Rights Network Uganda, Development Network of Indigenous Voluntary Associations-DENIVA, Uganda Association of Women Lawyers-FIDA, and Chapter Four challenging the constitutionality of the law.

Lawyer Owor Onyango, who represented the petitioners says that section 8 was the pivot of the entire law implying that the aAct crumbled when the court declared that particular section null and void.

Another Lawyer, David Mushabe observes that the recent court decision is legally and democratically progressive because it justifiably repealed a law which had sacrificed people’s freedoms. Lawyer Ramathan Waiswa equally acknowledges that without section 8, POMA is practically redundant and useless. Another lawyer, Eron Kiiza states that the nullified section was the heart of the law and the only section that gave police the powers they were exercising.

However, Anthony Wameli, another lawyer says that although the Public Order Management Act is almost useless, Police can still use section 5 of the same law to order all persons to inform them at least three days before convening a public meeting. However, this implies that even if the police do not respond the meeting can still take place.

Amnesty International has since asked Ugandan lawmakers to go a step further and repeal the entire Public Order Management Act which in its entirety was also found to contradict the constitution. The organisation says that repealing the law will end the persistent harassment and intimidation of people who are exercising their rights ahead of the 2021 elections.

This law has for years been used as a tool of repression in Uganda. Under this law, police have brutally dispersed spontaneous demonstrations and opposition rallies while opposition politicians have been beaten up and arrested simply for exercising their rights,” Deprose Muchena, Amnesty International’s Director for East and Southern Africa said.

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