The legal team in the case of Jjuuko Adrian v. Attorney General, asks if the Constitutional Court in Uganda is taking issues of non-discrimination in Uganda seriously?
Seven years after filing a Constitutional Court petition challenging a provision of the Equal Opportunities Commission Act, 2007, the Constitutional Court has once again failed to raise the necessary quorum to hear the case of Jjuuko Adrian v. Attorney General, (Constitutional Petition No. 1 of 2009) that was first filed on 5th January 2009.
The case challenges the constitutionality of Section 15(6)(d) of the Equal Opportunities Commission Act (EOCA) as the Section has the effect of stopping the Equal Opportunities Commission (EOC) from investigating matters of discrimination against marginalized groups on the basis that their behaviors are immoral or socially unacceptable to the majority of cultural groupings in Uganda.
The case was first heard on 3rd October 2011 after a delay of almost two years, which was caused by the lack of quorum. Since then, the court has proven unable to write a judgment despite reminders from the petitioner, petitioner’s counsel and civil society organizations. Finally, an application for rehearing was filed and the court decided to rehear the petition since some of the judges who heard the initial petition have since retired.
The court first set the rehearing date as 1st June 2015. On that day, the court failed to realize a quorum and the petition was not heard, but instead moved to 8th July 2015. Still, the court could not raise quorum, and indicated that they would instead hear the petition in September, but did not fix a specific date for that hearing. Read more
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