Court Strikes Down Two Laws Over Discrimination, Fair Trial Concerns

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The Constitutional Court has declared two provisions in Uganda’s laws unconstitutional, ruling that one discriminates against women while the other could deny people a fair trial.

The court struck down Section 115 of the Penal Code Act, which makes it an offence to molest a woman’s modesty, saying the provision is discriminatory.

It directed the Attorney General to prepare and present a Bill to Parliament within 12 months to replace the provision.

The court also struck down Section 42 of the Magistrates Courts Act, which allows private individuals to take criminal cases to court without the Director of Public Prosecutions (DPP) initiating them.

The judges said the provision was unfair because it allowed magistrates to investigate cases, prepare charges and then preside over the same cases.

The court directed the Attorney General to propose changes requiring charges in private prosecutions to be prepared either by the person bringing the case or by the DPP.

Video By Daily Monitor