Friday, July 25, 2014
We have confirmed that the applications for a temporary injunction and an interim order against Uganda's Anti Homosexuality Act will be heard on Wednesday, July 30, 2014 by the Uganda Court of Appeal, sitting as the Constitutional Court of Uganda.
Under Article 137 of Uganda's Constitution, the Court of Appeal will sit as a Constitutional Court when there is any question as to the interpreration of the Ugandan Constitution. When sitting as a Constitutional Court, the Court of Appeal must have a bench of five members of that court. (There appear to be 15 judges on the Uganda Court of Appeal, only five of which will form the Constitutional Court in a particular case.)
Under Ugandan law as we understand it, a decision of the Court of Appeal, sitting as a Constitutional Court, should be respected by the Uganda Supreme Court. We thank the lawyers in Uganda who are working on this appeal and keeping us informed about developments in the case.
Mark E. Wojcik (mew)