Pastor Male Attacks MPs For "Ignorantly" Passing Anti-Gay Bill :Museveni Shouldn’t Sign Anti-Gay Bill
Pro-gay lawyers to demand Shs15b in costs
Anti-gay activist Pastor Martin Sempa chats with one of the petitioners
in the case, Mr Andrew Mwenda, and other activists at the Constitutional
Court during proceedings last week. Photo by Faiswal Kasirye
By IVAN OKUDA
Posted Monday, August 4 2014 at 01:00
Posted Monday, August 4 2014 at 01:00
In Summary
Whereas the team of petitioners have not met, Mr Alaka says he will push for a maximum figure of about Shs15b.
Kampala- The lead lawyer of petitioners against the Anti-Homosexuality law 2014 that was annulled last Friday will demand a “high and expensive” bill of costs in the region of Shs15b, according to Mr Caleb Alaka.
Kampala- The lead lawyer of petitioners against the Anti-Homosexuality law 2014 that was annulled last Friday will demand a “high and expensive” bill of costs in the region of Shs15b, according to Mr Caleb Alaka.
Mr Alaka, however, hastened to add the team of
lawyers that argued out the case is yet to meet and agree on estimates
of their bill to be filed for approval by the Court’s Registrar.
In a telephone interview yesterday, Mr Alaka said the petition was very expensive as it involved voluminous research.
“If you saw us entering court you must have
observed we carried heavy files. I have never read such literature. We
had to research widely and that made the petition very costly.
That is why court awarded us 50 per cent of the cost,” Mr Alaka said.
However, Mr Ladislaus Rwakafuzi, a renowned human rights lawyer, yesterday told Daily Monitor that they would ask a maximum bill of Shs500m “since it was a public interest case.”
However, Mr Ladislaus Rwakafuzi, a renowned human rights lawyer, yesterday told Daily Monitor that they would ask a maximum bill of Shs500m “since it was a public interest case.”
Ms Fridah Mutesi, another lawyer who represented
the petitioners declined to estimate what the bill would look like,
saying: “We shall go with whatever court gives us after taxation.”
The petition against the Anti-Homosexuality law
was filed by 10 pro-homosexuality rights activists including former
Leader of Opposition in Parliament, Prof Morris Ogenga Latigo, Makerere
University law don, Prof Joe Oloka Onyango and journalist Andrew Mwenda.
Recently, court awarded Shs12.9b, almost twice the entire Judiciary annual wage bill, to city lawyer Severino Twinobusingye who blocked Parliament from forcing PM Amama Mbabazi, Ministers Sam Kutesa and Hilary Onek to ‘step aside’ over oil bribery allegations.
Recently, court awarded Shs12.9b, almost twice the entire Judiciary annual wage bill, to city lawyer Severino Twinobusingye who blocked Parliament from forcing PM Amama Mbabazi, Ministers Sam Kutesa and Hilary Onek to ‘step aside’ over oil bribery allegations.
In an interview with this newspaper a month later, Mr Twinobusingye called the hefty award mere ‘peanuts.’
Seemingly picking a lesson from the Twinobusingye
case, Mr Alaka said, “Since Twinobusingye was given Shs13b, ours will
certainly be in that range or higher.”
When pressed harder, Mr Alaka said, “About
Shs15b.” “We are yet to meet and agree but of course our bill will be
high. With 50 per cent awarded by court that means we shall get Shs7b,”
he explained. However, Mr Rwakafuzi expressed shock at the amount,
saying: “That is not true. It is impossible! The maximum we can get is
shs500m. There were 10 petitioners so if each is given shs50m that is
500m but remember that we were awarded half so it translates to shs250m.
HOW COURT ANNULLED THE ANTI-HOMOSEXUALITY LAW 2014
Last Friday, a panel of five justices of the
Constitutional Court, including acting deputy Chief Justice Steven
Kavuma, annulled the anti-gay law. Our reporter Athony Wesaka was in
court and below presents a slightly edited judgment of how the Act was
annulled.
a). That the enactment of the Anti-Homosexuality
Act 2014 by the 9th Parliament on December 20, 2013, without quorum in
the house was in contravention of Articles 2(1) & (2), 88 and Rule
94(1) of the Constitution of the Republic of Uganda and Rule 23 of the
Parliamentary Rules of Procedure;
b). That Sections 1,2, and 4 of the Anti
Homosexuality Act 2014, in defining the criminalising consensual same
sex/gender sexual activity among adults in private, are in contravention
of the right to equality before the law without any discrimination and
the right to privacy guaranteed under Articles 2(1) &(2), 2KD (2)
&(4) and 27 of the Constitution of the Republic of Uganda
respectively;
c). That Section 2(1 )(c) of the
Anti-Homosexuality Act 2014, in criminalising touching by persons of the
same sex creates an offence that is overly broad and is in
contravention of the principle of legality under Articles 2(1) &
(2), 28(1), (3b), (12), 42 and 44(c) of the Constitution of the Republic
of Uganda.
