By Ben Musanje
The Uganda Law Society has broken its silence following a dramatic and game-changing decision by the Constitutional Court of Uganda that has shaken the country’s legal and digital landscape, with its President Isaac Ssemakadde leading the charge.
In a landmark judgment, the court nullified key sections of the Computer Misuse (Amendment) Act of 2022, ruling that Parliament passed the law illegally. The judges found that there was no proper quorum when the law was enacted, meaning the required number of Members of Parliament was not present, making the entire process unconstitutional.
The ruling has sent shockwaves across Uganda, with Ssemakadde and the Law Society calling it a major victory for freedom of expression. For years, the controversial law had been used to arrest and charge Ugandans, especially social media users and online critics, under vague offences such as “offensive communication,” “malicious information,” and misuse of social media.
Now, in a dramatic twist, the court has permanently stopped the enforcement of these sections. This means that all ongoing criminal cases based on the struck-down provisions must be immediately terminated, and the accused set free. The decision brings relief to several individuals, including Lawyer Male Mabirizi, Ibrahim Musana, and Emmanuel Nabugodi, who had been charged under the law.
However, even as celebrations erupt, the Law Society, under the leadership of Isaac Ssemakadde, has acknowledged a painful reality. Some Ugandans had already been prosecuted and served sentences under the same law since it came into force in 2022. For them, justice may have come too late. The Society is now urging affected individuals to seek legal advice on possible remedies.
In another bold move, the court also struck down provisions of the Penal Code Act relating to criminal libel, declaring them unconstitutional for being vague and inconsistent with international standards on freedom of expression. This marks a significant shift in the country’s legal stance on speech and media freedoms.
The judges did not hold back in criticizing Parliament, pointing to glaring gaps in the legislative process. The official record, known as the Hansard, failed to show how Members voted, how many were present, or whether quorum had been confirmed. The court described these omissions as serious and unacceptable, ultimately rendering the law null and void.
Ssemakadde, also praised Mawogola South MP Gorreth Namugga for her strong opposition to the law, noting that she had warned it posed a serious threat to freedom of expression and access to information.
As the dust settles, Isaac Ssemakadde has made it clear that the Law Society will continue to challenge any laws that undermine democracy and the rights of Ugandans. This ruling is now being widely seen as a turning point, not just in law, but in the fight for free speech in Uganda, with many believing that the voices of ordinary citizens have finally been given stronger protection. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
