Microsoft Word - Casebook on Environmental law

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

MISC. CAUSE No. 0100 OF 2004

ADVOCATES COALITION FOR DEVELOPMENT

AND ENVIRONMENT.............................................. APPLICANT

VERSUS

ATTORNEY GENERAL.......................................... RESPONDENT

BEFORE: THE HON. JUSTICE RUBY AWERI OPIO

Constitutional Law: Article 44(1), 50(1) (2), 237(2) (b) Public Interest Litigation
Whether the applicants have locus standi
Environmental Law: Section 6 NEA, S.2, whether failure to provide an Environmental
Impact Assessment amounts to breach of statutory duties.

The applicants sought orders and a declaration that issuing a private company a 50 year Forest
permit by government in a forest Reserve for the purpose of growing sugarcanes was in
contravention of the Constitution. The applicants argued that there was no project brief provided
by the Company neither were the local communities’ views sought and that the permit should be
revoked. The respondent contended that the applicant had no locus standi and that no
environmental impact assessment was required as long as measures to protect the environment
were implemented.

HELD:

1. Failure to submit a project brief is a violation of the applicant’s constitutional and
   statutory rights.


2. The respondent’s actions are in violation of public trust.


3. Granting a permit to Kakira Sugar Works is unconstitutional and therefore null and void.


4. Being a public interest litigation matter, no costs are awarded.

Application allowed, no restoration orders made.

Editorial Notes: Although the applicants were successful in this action, they were unable to
enforce the judgement as it was merely declaratory. The permit was mere revoked and the
developer Kakira Sugar Works still occupying the forest, which it cut down and planted
sugarcane in blatant violation of the law.