BY MUBARAK HASSAN MUHENDA
Despite the nullification of sections 5(b), 10(3) and 4 of the Public Order Management Act (POMA) by the constitutional court the police say they still has a leeway to stop a gathering, procession or what they could deem as unlawful assembly.
While addressing journalists, Police spokesperson Fred Enanga said that they say there are other existing laws that can be flagged under the Penal Code Act that do regulate un lawful assemblies, riots, and other offences against public peacefulness.
“Section 5 of the POMA, which, basically provides for organizers of a public to notify police, 3 days before the date of the meeting to convene is still in existence and we shall be using this one at any time,” Mr Enanga said.
” We urge all public assemblies, processions, peaceful protests organizers inform them about all basics to do with any of these meetings. For one to organize a meeting of such a kind they must present an assembly plan, provide sufficient stewards relatively equal to the number of participants in that particular public meeting with clear name tags,” Mr Enanga added.
On Friday last week, court ruled that sections 5 and 10 of POMA, which crinminalise peaceful public meetings, including demonstrations and assemblies, contravene the Constitution and therefore, are null and void.
This was passed in a ruling where National Unity Platform (NUP) party leader Robert Kyagulanyi alias Bobi Wine was facing criminal charges of having participated in demonstrations against high taxes in 2018.
However, section 68 of the Penal code Act gives authority to any magistrate, police officer of or above the rank of inspector or any commissioned officer in the armed forces of Uganda, to command rioters disperse peacefully in the presidents name incase these rioters or according to his or her view 12 or more people are riotously assembled.
