Saturday, August 2, 2014

Uganda: " Interlocked through a missing piece "

The Monitor ( Uganda ) reports


Court quashes anti-gays law


One of the pro-gay petitioners Andrew Mwenda (L), renowned anti-gay activist Pastor Martin Ssempa (R) and others after the ruling at the Constitutional Court yesterday. PHOTO by Faiswal Kasirye 

KAMPALA. 
The Constitutional Court yesterday nullified the Anti-Homosexuality Act 2014 for having been passed by Parliament without the required quorum of at least one third of all legislators.

In a unanimous ruling, the panel of five justices blamed the Speaker of Parliament Rebecca Kadaga for acting illegally by abdicating her constitutional responsibility of ascertaining whether there was quorum in the House before the Bill was passed into law.

Rebecca Kadaga is a bloody idiot at best. In 2012, again reported in The Monitor she came out with the following. 

“I was surprised when colleagues came and thanked me saying that’s what they have always wanted to say but they had never gotten the courage to. That when it came to me that I had spoken for the whole of Africa, for the Arab world and Asians,” she said.

If she wants to ally Uganda with the brutal theocratic regimes of the Arab world and progressive Asian states such as North Korea both of which inflict appalling brutality upon their citizens her revival in 2012 of this idiocy was the right move.

What is really funny is however the fools stupidity. The Speaker of the Ugandan Parliament either can't count or is unaware of constitutional niceties such as having a quorum. Given the function of parliamentary speakers she should resign or be sacked. I doubt many governing parties in parliamentary democracies would tolerate such incompetence on the part of the speaker. 
  

The court panel was led by acting deputy Chief Justice Steven Kavuma. The other members were Justices Augustine Nshimye, Eldad Mwangusya, Solomy Balungi Bossa and Rubby Aweri Opio.

The judges held that at least three people, including Prime Minister Amama Mbabazi, alerted Ms Kadaga about the lack of quorum in the House at the time of passing the Bill but she ignored their warning and went ahead to preside over the proceedings to pass the law on December 20, last year.

A couple of points, one has to wounder why there was no quorum given this was an issue that is supported by all peoples on the African continent. Clearly Ugandan Parliamentarians can read even if their Speaker can't count. The other point that should be made is why President Museveni signed this bill into law if the President of Uganda has such a disregard for the constitution Uganda has some very dark days ahead.

To that effect, the justices observed that such an illegality by the Speaker of Parliament once brought to the attention of the court, cannot be overlooked.

“Rule 23 of Parliamentary Rules of Procedure requires the Speaker of Parliament even without being prompted by someone else, to ensure that quorum exists. We note that the Speaker was prompted three times that there was no quorum in the House, including the Prime minister, but ignored the same,” the judges ruled.

“We uphold that the act of the 9th Parliament in enacting the Anti-Homosexuality Bill into law without quorum is inconsistent with articles 88, 94 of the Constitution and Rule 23 of the Parliamentary Rules of Procedure. We come to a conclusion that she (Ms Kadaga) acted illegally and failure to obey the law makes the Act null and void,” the judges further stated.

A speaker who ignores the law. Just too funny for words. What I like most about this judgement is the demonstration of judicial independence. It may be that the Ugandan Judiciary is all that is preventing the emergence of another regime run by megalomaniacs such as Kim Jong Un.

The court also ordered the Attorney General, who represented the government as the respondent in this matter, to pay 50 per cent of the legal costs the pro-gay activists used in their petition. Shortly after the ruling, pro-gay activists jumped in joy and jubilated over the victory.

And for the moment that is where they should leave it. Don't get me wrong on this, gay, lesbian and transgender members of a community should have total equality with the heterosexual community, the court has given both time and space, Uganda has been given a get out of gaol card with the international community. Let this play out, it will probably die.

City advocate John Francis Onyango, one of the lawyers who represented the pro-gay activists, described the ruling as a landmark decision and said it was victory for the rule of law.
“This is a victory for the rule of law and it’s an indictment on Parliament on the way it conducts its proceedings. The Speaker of Parliament is expected to know not only the Rules of Procedure in Parliament but also the legal requirements,” said Mr Onyango
“She cannot impose certain rules and leave out others as she wants. It is not about what she wants but what the law wants.”

Yup. Rebecca Kadaga is a joke. We have them as well and some of them are gay and just as stupid as Kadaga.

" A couple of observations. Chauvel and Idiot / Savant are both grandstanding the legislation has been sitting on the Ugandan Parliaments inbox for ages. The Speaker who is a silly bitch picked it up and then went further and deeply offended the Canadian’s who suggested it was a bad idea. Incidently the bill as it now stands does not proscribe the death penalty  it has been reduced to life in prison not much of a improvement. Ugandan President Museveni has made it very clear Uganda won’t be dictated to on this issue by the West and in the same breath said it was not a legislative priority. I think that it is safe to say Uganda has taken the view that aid money is more important than homophobic legislative stupidity."

I was wrong. but not completely. In other words just let this go for a while. Let the rest of the world work quietly in the background ( and maybe send Kadaga on a state visit to North Korea ) Behind all this stupidity is the American " Christian " Right, the Republican wankers who are advocating for Israel murdering Palestinian kids in much the same way their predecessors went on crusades against Muslims and ironically killed six million Jews in their Nazi guise.    

The Attorney General, represented by State Attorney Patricia Muteesi, had argued that the petitioners did not present evidence to prove that there was no quorum in the House on December 20, 2013, when the Bill was passed.

Ms Muteesi argued that they should have presented the register for MPs who attended the proceedings that day or a video footage to show that indeed the quorum was less than two-thirds majority. 
However, the ruling does not mean that the court nullified the content or substance of the law. The court nullified the law purely on procedural grounds because it was passed without a quorum as required by the rules.

The court recognised just how fucking stupid this law was and gave everyone a second chance. Sorry just about everyone Speaker Rebecca Kadaga really needs to go.


The Bill can be easily returned to Parliament and passed again, this time with the required quorum of at least 125 out of the 365 MPs in the House. 
This petition involved a group of pro-gay activists who sued the government challenging the passing of the Anti-Homosexuality Bill into law for lack of quorum.

Really, just fucking think about that statement. This is far more and far more important than that. Human rights can be demolished ? This law failed because a parliamentary quorum couldn't be achieved the author of this is not asking the questions that need to be asked. 


They include; Prof Joe Oloka-Onyango, MP Fox Odoi-Oywelowo, journalist Andrew Mwenda, Prof Morris Latigo, Dr Paul Nsubuga Ssemugoma, Jacqueline Kasha Nabagesera, Julian Pepe Onziema, and Frank Mugisha, in March this year.
The other petitioners include the indigenous civil society organisations; Human Rights Awareness and Promotion Forum and the Centre for Health, Human Rights and Development.

President Museveni on February 24 publically assented to the Anti-Homosexuality Bill in a ceremony that was broadcast live on television. 
According to the Anti-Homosexuality Act 2014, a person who purports to contract a marriage with another person of the same sex, commits the offence of homosexuality and is liable, on conviction, to imprisonment for life.

Museveni did something I am guessing goat farming is not working out so well.

The passing of the anti-gay law attracted a lot of criticism from Western countries, with some cutting aid to Uganda on grounds that criminalising same sex relationships promotes stigma and discrimination against homosexuals. It equally drew widespread support among the local population which is opposed to homosexuality.


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