The Constitutional Court in Uganda has decided to postpone the hearing of a petition challenging the country’s anti-gay law. The law imposes severe penalties for various actions related to same-sex activities. The hearing was adjourned after the Attorney General, who is the sole respondent in the case, indicated that they were not ready to proceed.
Today, the petitioners and the Attorney General appeared before court registrar Susanne Anyala Okeny for a pre-conferencing hearing. The court ordered all parties to submit joint conferencing notes by October 12. These notes will help streamline the case before it is presented to the trial justices.
The petition challenging the Anti-Homosexuality Act, 2023 was filed by lawmakers Fox Odoi-Oywelowo and Paul Bucyana Kiwizera, along with activists Frank Mugisha, Pepe Onziema, Jackline Kemigisa, Linda Mutesi, Kintu Nyago, Jane Nasiimbwa, and veteran journalist Andrew Mwenda. They argue that the Act contradicts a 2014 Constitutional Court ruling that invalidated a similar law and is therefore inconsistent with Ugandan law.
The petitioners also contend that the Act was passed in an unusually short period of six days, rather than the 45-day window prescribed by Parliamentary rules. They assert that this rapid enactment deprived the people of Uganda of their constitutional rights.
Before the anti-gay law was passed, Fox Odoi, a former legal counsel to President Museveni, openly opposed its adoption and presented a minority report to Parliament.
The Attorney General’s position is that the Anti-Homosexuality Act, 2023 is in line with the Constitution and international agreements. They argue that the legislation does not change the 2014 Constitutional Court ruling, which was based on procedural issues rather than the substance of the law.
According to the Attorney General’s office, the 2023 Act was enacted after extensive consultations with the public and their representatives through written and oral memoranda. This law imposes harsh penalties for various offenses related to same-sex acts, ranging from death for aggravated homosexuality to a maximum of 20 years’ imprisonment.
