This case was brought before the Constitutional Court of Uganda against the Attorney General by ten petitioners, including the Human Rights Awareness & Promotion Forum and the Centre for Health, Human Rights & Development. The petitioners argued that Uganda’s Anti-Homosexuality Act 2014 violated several articles of the Constitution.
Multiple issues were raised by the petitioners including violation of the rights to freedom of expression, privacy, equality, dignity and to be free from discrimination. However, the court determined that the key issue was whether the Anti-Homosexuality Act 2014 was void on the basis that Parliament did not have the required quorum when the Act was passed on 20 December 2013. Under Uganda’s Constitution, at least one-third of the members of Parliament entitled to vote must be present when proposed legislation is voted upon. The court found that the Parliamentary Rules of Procedure had not been obeyed when passing the Act and that the Speaker acted illegally in allowing a vote. The court stated, ‘failure to obey the Law (Rules) rendered the whole enacting process a nullity. It is an illegality that this court cannot sanction.’
The failure to establish a quorum during the enacting process rendered the Act a constitutional violation, and consequently, void. As this procedural violation was found, the court did not address the other issues presented by the petitioners.
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