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Ugandan takes govt to EACJ, says lockdown against the law

Saturday April 11 2020
ldu

Personnel of Local Defence Unit (LDU), a Paramilitary force composed of civilians, unload maize flour during the first day of the government's food distribution for people who have been affected by the lockdown in Kampala, on April 4, 2020. PHOTO | SUMY SADURNI | AFP

By LUKE ANAMI

A Ugandan lawyer has sued the government over the curfew and lockdown ordered by President Yoweri Museveni to contain the spread of the coronavirus, arguing the measures are unconstitutional.

Kampala-based lawyer Wale Mabirizi has taken the government to the East African Court of Justice, arguing that the measures not only violate Uganda’s constitution but also contravene the East African Community Treaty.

According to Mr Mabirizi, several actions, directives, and decisions of “President Museveni, his Prime Minister, Health minister, Uganda People’s Defence Forces, Uganda Police Force, parliament, the Chief Justice and the Judiciary from March 18 do not conform with the prescription of the constitution of Uganda.”

He accuses President Museveni of failing to invoke the relevant constitutional legal requirements.

They made mere speech-orders broadcast on all TV and radio stations in Uganda purportedly to curb the spread of the Coronavirus without complying with the procedures of declaring a State of Emergency or duly made statutory instruments/orders in line with Uganda Public Health Act, chapter 281 but ordered that they be enforced against the people of Uganda,” says Mr Mabirizi in his application.

He terms the actions unlawful, adding that they are an infringement of the provisions of The Treaty for Establishment of the East African Community as well as the establishment of the Common Market Protocol.”

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In his application, Mr Mabirizi argues that the orders contained in the president’s speech, titled, “Address to the Nation on the Coronavirus (Covid-19) Guidelines on the Preventive Measures March 18, 2020 State House – Entebbe” were unlawful.

The orders led to the closure of learning institutions, suspended communal prayers in the mosque and in churches, banned Ugandans from travelling out of the country and required them to undergo mandatory quarantine, at their cost, for 14 days

“The action of the Head of Uganda High Court Civil Division to deregister Misc. Cause No.70 of 2020 challenging the speech of the president on account of the case compromising security and Public Health, without allocating it or even hearing from the applicant was unlawful,” said Mr Mabirizi whose attempt to have his case heard in Uganda hit a snag.

Closing of borders

In the case before the EACJ, Mr Mabirizi has condemned the closing of the borders of Uganda with its EAC partner states and wants them opened to allow trade, free movement of goods and services as envisaged in the EAC Common Market.

“The action of the president to close the border with Kenya, Tanzania, Rwanda and South Sudan, which are partner states in the Community without notifying them and without complying with the Uganda Health Act, was in contravention of the principle of free movement of persons enshrined in the Protocol of the establishment of the EAC Common Market.”

According to sources at the EACJ, the regional court is planning to have the matter heard urgently through virtual communication.

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