THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
MISC. APPLIC. No. 85 OF 1993- DR. JAMES W. RWANYARARE
- HAJI BADRU K. WEGULO
- MACARIOUS BONSE ASUBO........................... APPLICANTS
VERSUS
THE ATTORNEY GENERAL..................................... RESPONDENT
BEFORE: THE HON. MR. JUSTICE F.M.S EGONDA - NTENDE
Constitutional law: Enforcement of rights under Article 22 of the Constitution.
Whether a statutory notice can be dispensed with in human
rights cases.
Constitutional law: Public interest cases under Article 50(2)
Constitutional law: Whether Article 50 excuses non-compliance with procedural
requirements under civil procedure
This application was brought by Notice of Motion under Article 22(1) of the constitution seeking
declaratory orders on grounds of infringement of fundamental rights and freedoms. When the
matter came up for hearing, counsel for the respondent raised a preliminary objection that the
application was in contravention Section 1 Act 20 of 1969 (the Government Proceedings Act)
which required the applicants to give government statutory notice of 60 days.
HELD:
- The purpose of a notice under Section 1 Act 20 of 1969 is to give government an
opportunity to investigate a claim and settle it out of court. - The applicants issued a notice which they served upon the Attorney General informing
him that implementation of Rules of the Constituent Assembly Bill of 1992 was likely to
infringe their rights under the constitution. - The statutory notice served upon the Attorney General on 25th November 1992 by the
applicants was good and valid. - In matters concerning enforcement of human rights, no statutory notice is required
because to do so would condone the violation of the right and deny the applicant a
remedy.
Preliminary objection dismissed with costs.
Editorial notes: Important to note is that this ruling was made before the 1995 constitution. The
constitution upheld this position by enactment of Article 50.