The constitutional court in Kampala has nullified sections 168(1) (c) and 168(1) (d) of the penal code Act which criminalise being idle and disorderly.
In 2018, Lawyer Francis Tumwesigye Ateenyi dragged the Attorney General to the constitutional court indicating that the two sections gave the police leeway to arrest people they suspected for being idle and disorderly, an offense many took for being an avenue for the uniformed officers minting cash out of Ugandans.
“The impugned offences clearly contravene the right to freely move throughout Uganda and Jurisdiction of such contravention as saved by article 43 of the constitution would have to be justified by the respondent. It is hereby held that sections 1689(1)(c) and 168(1)(d) of the penal code act are void for inconsistency with the constitution’’ Justice Egonda-Ntende said in the lead judgement.
The jury included Justice Christopher Madrama, Christopher Gashirabake Fredrick Egonda Ntende, Elizabeth Musoke, and Monica Mugenyi who unanimously agreed that the two sections contravene several freedoms of Ugandans.
The justices indicated that constitution in article 44(c) emphasizes the rule of innocence until proven guilty but they explained that the offences of being idle and disorderly do not stand to the same standard.
‘’Presumption of innocence imposes upon the state or the prosecution the burden of proving a criminal case against the accused beyond reasonable doubt and this burden doesn’t shift. It is clear that if an accused fails to discharge the burden now imposed upon him or her by this provision, he would be found guilty of the offence. These provisions fail constitutional muster by reversing the burden of proof and deeming that an offense has been committed contrary to presumption of innocence protected under article 28(3)(a) of the constitution,’’ In part read the ruling.
The justices therefore ruled that the two provisions of the penal code act are unconstitutional and consequently null and void.
