THE REPUBLIC OF UGANDAIN THE SUPREME COURT OF UGANDA AT MENGO
CONSTITUTIONAL APPEAL No. 1 OF 2000- PAUL.K SSEMWOGERERE
- ZACHARY OLUM.............................................. APPELANTS
VERSUS
ATTORNEY GENERAL.......................................... RESPONDENT
(CORAM: WAMBUZI CJ, ODER, TSEKOKO, KAROKORA, MULENGA, AND
KANYEIHAMBA. AND MUKASA KIKONYOGO JJ.S.C)
Constitutional Law: -Determination of quorum- inconsistency with constitutional
provisions, question not of enforcement but of interpretation
-Whether Cap 249 and Rule 171 are inconsistent with Articles
79, 88, and 94 of the Constitution
Constitutional Law: -Whether failure to follow constitutional procedure for amending
legislation renders legislation null and void.
Constitutional Law: -Whether courts can adjudicate on legislation that has become
dormant.
This petition was brought under Article 137(3) of the Constitution to challenge the validity of the
referendum (political systems) Act, 2000. It sought declarations that the Act be declared null and
void. Accordingly the Act which was discussed on 7th June 2000 by the National Assembly of
Uganda was to make provision for the holding of the referendum required to be held under
Article 127 of the Constitution to determine the political system of the people of Uganda would
wish to adopt. On 9 th June 2000, the Act received presidential assent. Section 2 of the Act
provided that the Act would be deemed to have come into force on 2nd July 1999.
HELD:
- Parliament had no authority to pass the referendum (political systems) Act, 2000 after the
expiry of the period stated in Article 271(2) without first amending that provision of the
constitution. - An order that the petition be remitted to the Constitutional Court for hearing on merit.
- Appellants are allowed costs of the appeal.
Appeal allowed.
Editorial Notes: The detailed judgments could not be reproduced as they are too bulky.