The ruling today is a huge boost to business owners that have for long argued that their money is unnecessarily held up at URA as cases drag on for years at the Tax Appeals Tribunal. It is, however, a blow to URA that has been collecting this money before one could challenge its decisions.
The unanimous judgment by five Constitutional Court justices led by the Deputy Chief Justice, Alphonse Owiny-Dollo stems from an application filed by the former Bufumbira East MP, Eddie Kwizera challenging the legality of a number of constituencies created after the 2016 general elections.
The judges note that since Besigye argues that there is no validly elected government, it implies that there are no legally constituted courts of law and therefore they can’t grant him the remedies he is seeking.
However, on Tuesday, the NRM party lawyer, Kiryowa Kiwanuka told the panel of five Constitutional Court Judges led by the Deputy Chief Justice Alfonse Owiny Dollo that the NRM party Constitution is very clear on whoever wants to contest for the party ticket.
When a bill is tabled for first reading, MPs are provided copies for easy reference. It is also a culture for the bills tabled before Parliament to be forwarded to the Parliament Library and also uploaded on the Parliament website. However, this was not the case for the tabled reforms.
In its petition, BAT argued that the Tobacco Control Act was unjustifiably enacted to single out the tobacco industry that amounts to a ban on the right to trade and consume a legal product in contravention of the right to freedom from discrimination.
Prosecution further alleges that in the same month while on 6th street in Kampala Industrial area, Munyagwa obtained another gratification to the tune of US$ 20,000 Dollars (UGX 76M) for the same purpose.
Although the parties in the suit agreed on some legal matters in the case during conferencing before the Constitutional Court Registrar, Sarah Langa in November 2018, the matter hasnt been fixed for hearing.
Speaking to Journalists at Parliament today, the Leader of the Opposition in Parliament Winnie Kiiza, one of the petitioners, said they have decided to take the matter to the Supreme Court.She lauded Justice Kenneth Kakuru describing him as being a true Ugandan and being sincere and professional in his judgment.
At the center of the argument is whether Parliament should have used money from Consolidated Fund to legislate on a private Members Bill.The petitioners lawyers say Parliament breached article 93 of the constitution by drawing money from the Consolidated fund for Rapheal Magyezi Bill.
One of the petitioners challenging the 2017 constitutional Amendment Act says Parliament replaced the 1995 constitution. Hassan Male Mabiriizi Kiwanuka, in his submission on the second day of the Constitutional Court hearing in Mbale district, said the country now has no constitution.
Hearing of the Constitutional Court petition challenging the amendment of Article 102b to remove presidential age limits gets underway in Mbale today. A panel of five judges led by the Deputy Chief Justice Alfonse Owiny-Dollo is set to hear the petitions at Mbale High Court. The other justices on the bench include; Remmy Kasule, Elizabeth Musoke, Cheborion Barishaki and Kenneth Kakuru.
Kampala Lord Mayor Erias Lukwago, the lawyer for the petitioner says the petition is challenging the process which culminated into the passing of the bill and the Act itself. He says the petitioners are demanding the constitutional court to declare the obnoxious legislation null and void.
Kabaziguruka was speaking to journalists at parliament after the Makindye-based military Court issued criminal summons for the legislator for missing court proceedings. The MP is said to have missed court twice for mention of the case where he is accused of treason alongside 26 others including Uganda Peoples Defence Forces UPDF soldiers.