POMA: Gov’t to appeal Constitutional Court decision

By Francis Otucu

Last week, the Constitutional Court ruled that the police have no powers to stop or disperse public gatherings as it annulled the contentious Section 8 of the Public Order Management Act (POMA).

In a majority decision of the court of 4:1, the court observed that POMA contravenes several provisions of the Constitution that warrant freedom of assembly to its citizens in a democratic society.

“By majority decision of Kenneth Kakuru, Geofrey Kiryabwire, Elizabeth Musoke and Cheborion Barishaki, it is declared and ordered that Section 8 of the Public Order Management Act is unconstitutional, null and good,” ruled the majority justices.

The verdict of the court came as good news mainly to the Opposition politicians, whose gatherings as they prepare for 2021 General Election, have always been dispersed by the police basing on the same law.

However, the police have come out to say that the force is going to appeal the decision.

“We would like to inform the public that the police as a law abiding institution, welcomed the ruling by the Constitutional Court of Uganda, that annulled section 8 of the Police Order Management Act, 2013. The section gave discretionary powers to the police, to stop or prevent the holding of a public meeting, where the public meeting is held contrary to the Act,” Police spokesman, Fred Enanga told the media Monday morning adding, the force is going to appeal the decision.

“A task team led by the Director Legal and Human Rights Services is working with the Attorney General, to appeal against the ruling.”