Uganda High Court: Sweeping Public Assembly Laws Reform Proposed

• The opposition has proposed sweeping reforms to Uganda's public assembly laws, aiming to harmonise conflicting provisions and definitions.
• The reforms would provide greater legal certainty, reduce arbitrary dispersal of lawful assemblies, and bring public-order legislation in conformity with the Constitution.
• The opposition is also seeking to abolish committal proceedings for capital offences, streamlining the trial of capital cases and reducing pre-trial detention.

The current laws governing assemblies are scattered across multiple statutes, creating conflicting provisions and definitions of unlawful assemblies.

The opposition in Uganda's 12th Parliament has proposed sweeping reforms to public assembly laws, aiming to bring them in line with the Constitution and provide greater legal certainty. The current laws governing assemblies are scattered across multiple statutes, creating conflicting provisions and definitions of unlawful assemblies. This has led to arbitrary dispersal of lawful assemblies and undermined constitutional rights such as peaceful assembly, demonstration, and petition. The opposition's proposal seeks to consolidate these provisions into a single legal framework, eliminating conflicting definitions and removing provisions that criminalise assemblies based on an arresting officer's perception rather than actual conduct. By doing so, the reforms would reduce arbitrary dispersal of lawful assemblies and bring public-order legislation in conformity with Article 29 of the Constitution.

The opposition is also seeking to abolish committal proceedings for capital offences, describing the existing procedure as a 'colonial-era relic.' Under the current system, suspects facing capital charges are committed to the High Court through a lengthy process that contributes to delays in trial and prolongs pre-trial detention. The proposal would commit suspects directly to the High Court without going through the committal process, streamlining the trial of capital cases and reducing pre-trial detention. This reform is part of a broader effort to strengthen constitutionalism, accountability, and access to justice.

The opposition's legislative agenda also seeks to strengthen Parliament's role in exercising constitutional oversight over the Executive. Leader of the Opposition Joel Ssenyonyi has stressed that Parliament must scrutinise policy before it becomes law, demand accountability after public resources have been spent, and interrogate policy to prevent abuse of public power. A strong opposition is essential to preventing the abuse of public power, and the proposed reforms aim to ensure that Parliament fulfils its constitutional role in a more effective manner.

Lawyers should watch for potential changes to public-order legislation in Uganda, which could impact clients' freedom of assembly and association. Compliance officers may need to review existing policies on public meetings and assemblies in light of the proposed reforms.

Source: Original reporting via Opposition Proposes Sweeping Reforms to Uganda's Justice, Public Order Laws