Banner

In its defence filed in the Constitutional court yesterday, government rejected claims that the Anti-Homosexuality Act (AHA) contravenes the Constitution of Uganda.

Denis Bireije, the Commissioner of Civil Litigation, said the offences created under the AHA are well defined and unambiguous, adding that they satisfy the principle of legality as envisaged by Article 28(12) of the Constitution.

“The spirit of the Act is not inconsistent with and in contravention of objectives 111, V, XIV, of the state policy, Articles 2 (1) & (2), 8 (A), 24 and 44(a) of the Constitution,” Bireije said.

The government is battling a petition against the law, which was filed by 10 Ugandans, including Law Professor Joe Oloka-Onyango, MP Fox Odoi, veteran politician Morris Ogenga Latigo and media entrepreneur Andrew Mwenda.

The petitioners claim the law is “unconstitutional “and “draconian”.

They contend that the Act discriminates against gay people. Bireije dismisses the petitioners’ other charge that the law was passed without quorum. He said petitioners will be put to task to provide proof.

The government argues that by imposing a penalty on the offence of attempted aggravated homosexuality, it’s not in contravention of rights and freedoms guaranteed under Articles 2(1), 2, 21, 24 and 44 of the Constitution.

Bireije contends that it’s constitutional to subject persons charged with aggravated homosexuality to a compulsory HIV test. The petitioners argue that compulsory HIV tests on gay people is inconsistent with articles 2 (1) & (2), 21, 24, 27, 28, 44 and 45 of the constitution.

Though the petitioners contend that it is wrong for the Act to impose a maximum life sentence for a person convicted of engaging in homosexuality, the government insists that the said punishment does not in any way contravene the right to equality and freedom from cruel, inhuman and degrading punishment guaranteed under the constitution.

The government wants court to dismiss the petition. Court is yet to fix the date for hearing of the case.

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Comments

 
-5 #1 Yoga Adhola 2014-04-09 02:34
The petitioners are inadvertently saving the government from the donors. With the donors cutting off aid, the government was soon to find itself in a position of not being able to pay its bills.

If this petition succeeds, the donors will then have no cause to put those sanctions.
Quote
 
 
-1 #2 Betty Long Cap 2014-04-09 18:53
Of course AHA is unconstitutiona l; it became a statement to the world how Ugandans regard sodomy: Sodomy is a violation of moral and natural law.

And the angels who kept not their first estate, but left their own habitation, He hath reserved in everlasting chains under darkness unto the judgment of the great Day—

even as Sodom and Gomorrah and the cities around them, in like manner giving themselves over to fornication and going after strange flesh, are set forth as an example, suffering the vengeance of eternal fire. Jude 1:7-8
Quote
 
 
+1 #3 Akot 2014-04-09 19:26
Which Western country would accept aid that come with blckmail-disrespect of internal integrity-cultures of its established way of living?

USA has States that reject homosexuality, while others tolerate polygamy & USA Federal government does not withold their shares of national revenues-services!

These so called democracies that are bent on showing the world they are powerful by imposing sanctions on Uganda are hypocrites-liers: they would not even have said a word if was Saudi Arabia-Egypt-Tunisi-Algeria-China...

Look at how muslims flock in EU & they are so quiet yet they don't want these people in their countries!

In 10 years or so, there will be overwhelming number of muslims in EU than now: what will EU do then besides making sure these incomers are taken care of socially & well? These have very big families!
Quote
 
 
0 #4 Betty Long Cap 2014-04-09 20:57
Quoting Akot:
These so called democracies that are bent on showing the world they are powerful by imposing sanctions on Uganda are hypocrites-liers: ...


Money is power. Amazing how much hatred American foreign aid has generated over decades and how skillfully Museveni has played on that hatred while pocketing proceeds.

Each country must make its own decisions on how the national budget is spent. So call us liars and hypocrites. As the old English proverb says: You pays your money you takes your choice.
Quote
 
 
+1 #5 Lakwena 2014-04-10 09:23
Quoting Betty Long Cap:
Of course AHA is unconstitutiona l; it became a statement to the world how Ugandans regard sodomy: Sodomy is a violation of moral and natural law.

... even as Sodom and Gomorrah and the cities around them, in like manner giving themselves over to fornication and going after strange flesh, are set forth as an example, suffering the vengeance of eternal fire. Jude 1:7-8


Betty, if I got you right, according to nature and divine constitution the AHA is not unconstitutiona l.

I am convinced, some of the human rights activists are modified or covert evil agents. Partly because the Devil to reach his victims acts like an angel and even God.

It does not dress up in his scary true colors e.g. the pitch-black cloak; has beastly horns, bloody fangs (teeth), a forked-fussy tail and carry a pitchfork. Otherwise he would so scary to lead anybody into temptations.
Quote
 
 
0 #6 badblack ldp 2014-04-10 09:53
A few days back a friend of mine told me how her estrange husband cannot control stool.

According to her the man was involved in sodomy when he was a young person and now wears pampers like a baby.

Why do these petitioners want to advocate for a perversive act that destroys health? I just don't understand these intelectuals.
Quote
 

This content has been locked. You can no longer post any comment.

Banner
Banner
Banner