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Despot Museveni’s move to appeal nullification of law on freedom of speech should be condemned overwhelmingly.
Following the unanimous nullification and countermanding of Section 25 of the computer misuse Act 2011 laws of Uganda by a Coram of five justices of the court of appeal seated as a constitutional court, despot Yoweri Kaguta Museveni with indescribable alacrity through the Attorney General has now hatched a plan to appeal the same in the supreme court—the final court of the country.
Aficionado Justices; Richard Buteera, Kenneth Kakuru, Geoffrey Kiryabwire, Elizabeth Musoke and Monica Mugenyi concertedly acquiesced that section 25 of the computer misuse Act was unjustifiable since it curtails the freedom of speech in a free and democratic society.
The petitioners, Andrew Karamagi and Robert Shaka, while being represented by counsel Eron Kiiza and Isaac Ssemakadde, contended that the impugned law is vague, overly broad and ambiguous.
Section 25 of the Computer Misuse Act, which declares that it’s an offense for any person to willfully and repeatedly use electronic communication to disturb or attempt to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication was found to be inconsistent with and in contravention of Article 29(1)(a) of Uganda’s Constitution which states that; Every person shall have the right to freedom of speech and expression, which shall include freedom of the press and other media.
In their ruling which was welcomed with overwhelming jubilations last week, the justices expertly and agreeably explained that; ‘According to the United Nations special rapporteur on freedom of expression, States are only permitted to prohibit it through the criminal section only for four types of expression under international law. They are; child pornography, direct public incitement to genocide, advocacy of national, racial, and religious hatred that constitutes incitement to discrimination, hostility or violence and incitement to terrorism. I find that the impugned Section is unjustifiable as it curtails the freedom of speech in a free and democratic society. Secondly, Section 25 of the Computer Misuse Act No. 2 of 2011 does not specify what conduct constitutes offensive communication. To that extent it does not afford sufficient guidance for legal debate,” he said.
While it is utterly inarguable to debate on whether the citizens’ inviolable right to freedom of speech and expression should be criminalized by the rogue state, it should be remembered that this law that is being used to terrorize Ugandans does not pass the international criminal law standard and also it contravenes with the international statutes which Uganda is a signatory to and must be subservient to for the universal values on which the world is moving, to flourish.
There are thousands of Ugandans currently being held incommunicado, others languishing in prisons on remand, others facing judicial harassment because of speculative prosecution or persecution, others whose whereabouts are unknown to date after they were kidnapped by the state operatives, others wasting away on sickbays from torture and others have fled the country because of such a repugnant law that was smuggled into Computer misuse Act so that those in the echelons of power are shelled from criticism or being reminded of their statutory obligations as civil servants.
Apparently, the dictator loves this overly archaic law because he uses it to eliminate state criticism and instill fear into the citizens. Now the journalists, whistle blowers and social media users in general cannot publish or disseminate something that is critical of the government for fear of being kidnapped, tortured, subjected to judicial harassment, imprisonment without trial and other stone age barbaric methods which are commonly used by the secret police of the despot.
The nonchalance and lack of inertia from the citizens is corollary to the fear that the despot created and that is exactly the docility he wants from the citizens in his scheme to illegally remain in power until nature calls.
Such a bad law that seeks to criminalize speech and expression should invoke action from the right thinking stakeholders who fund the criminal organization that masquerades around as a government of Uganda.
For the petition which was lodged in 2016, it is also shameful that the judiciary took about 9-years to deliver a ruling of about 15 pages. Now that the attorney general has hatched the intention to appeal, the proclamation from the supreme court will go through another decade of procrastination as citizens are harassed and murdered.
Any progressing country in this 21st century would not spend time legislating on matters to do with free speech and expression. A country whose public debt has reached the record highest because of government’s excessive borrowing and expenditure on unproductive ventures and looting, should really be legislating on matters of national importance but not just to curtail freedoms and civil liberties of the taxpayers. After all, the main purpose of the law is to limit authority, not freedom.
Lawyer, Award winning Novelist and Scholar of PEN-Zentrum Deutschland.
Whatsap/Signal/Telegram: +447958104814
Books: 1) The Greedy Barbarian.
2) Banana Republic Where Writing Is Treasonous.
3) The Log Cabin.
4) The Savage Avenger
Full profile: http://kakwenza.de/
