The Court of Appeal has upheld the Uganda Registration Services Bureau’s (URSB) refusal to reserve and register Sexual Minorities Uganda (SMUG) under the country’s company laws.
A three member panel of judges, including Justice Catherine Bamugemereire, Deputy Chief Justice Richard Buteera, and Christopher Gashirabake, ruled in favor of the registrar’s decision, emphasizing that SMUG’s advocacy for the rights of lesbians and gay persons, considered criminal under Section 145 of the Penal Code Act, justified the refusal.
Justice Bamugemereire asserted that URSB’s action was lawful and in the public interest, given that SMUG’s objectives were associated with the promotion and protection of LGBT rights, prohibited in Uganda.
The ruling stems from an appeal filed by Frank Mugisha, Dennis Wamala, and Joanita Mary Ssenfuka, challenging the High Court’s dismissal of their claim for violation of their human rights and freedoms. The High Court had previously upheld URSB’s decision, citing it as justified within the ambit of Article 43 of the Constitution.
The appeal centered on URSB’s refusal to reserve the name SMUG for incorporation as a Company Limited by Guarantee. Despite objections from the appellants’ lawyers, who argued against the association’s purported unlawful purposes and practices, URSB maintained its stance, citing public policy concerns and the criminalization of certain behaviors under the Penal Code Act.
While the Court of Appeal has upheld the decision, the group awaits the Constitutional Court’s ruling on a petition challenging the legality of the Anti-Homosexuality Law enacted in May 2023. This law imposes severe penalties, including death and lengthy imprisonment, for various offenses related to homosexuality.
The outcome of this legal battle not only shapes the landscape of LGBT rights advocacy in Uganda but also reflects broader societal attitudes and legal frameworks surrounding LGBTQ+ issues in the country.
