Journalists in Uganda will no longer be charged under the law of sedition. The Constitutional Court on Wednesday declared the law on sedition null and void arguing that it abuses freedom of expression and can be wrongly applied to anyone at any time.

Journalist Andrew Mwenda

This followed a petition by journalist Andrew Mwenda heled by the East Africa Media Institute in which he was challenging the provisions on sedition in Uganda’s Penal Code. Mwenda’s lawyers led by James Nangwala argued that the law on sedition contravenes the right to freedom of expression guaranteed by Uganda’s 1995 Constitution.

Many journalists have been arrested and prosecuted in Uganda for committing sedition, a crime where a person utters or publishes statements aimed at bringing hatred, contempt or disaffection against the President, the Government or the Judiciary.

Five Constitutional Court justices led by Deputy Chief Justice Leticia Kikonyogo agreed that the current law on sedition is null and void.

In a ruling read today by the registrar of the Constitutional Court, Asaph Ntengye, the justices unanimously ruled that the sedition law is unconstitutional as its clauses limit the public’s right to enjoy their freedom of expression and speech.
Mwenda was accused of moderating a radio talk show in 2005 which intended to cause hatred to person of the president in a show that centered on the death of the late South Sudan President, John Garang who died after he crashed in President Yoweri Museveni’s chopper after visiting Museveni at Rwakitura. Some of Museveni pilots and chopper servicemen died in the crash that took place in Southern Sudan.

Mwenda  told Journalists after the ruling that he was delighted that the Constitutional Court had overturned the law on sedition, but expressed regret they had maintained another law he referred to as unfair, the law on inciting sectarianism. He says he will appeal the ruling in the Supreme Court and is convinced the highest court of Uganda will overturn the law on sectarianism as well.