By KT Reporter
The 1995 Uganda Constitution provided for Public Interest Litigation, allowing any concerned citizen to file a lawsuit to protect the rights of a large group of people or the public at large, but a group of lawyers says this initiative has not been utilized. Dozens of cases have been decided by the Constitutional Court under this initiative since the constitution was promulgated, and names of public interest litigants, like Hassan Male Mabirizi, Nicholas Opio, and Ladislaus Rwakafuuzi, stand out.
However, to the Fidelis Leadership Institute (FLI) and Konrad Adenauer Stiftung (KAS), both human rights, good governance-focused organisations, the country has not benefited as much as it should, mainly because the decisions and recommendations from court resolutions are either not implemented, or the implementation processes are not brought to public knowledge.
The two have now joined efforts to compile a list of 24 court cases and their decisions, detailing their judgments and recommendations. The Compendium of Public Interest Litigation Cases, due to be launched on October 7 this year, seeks to create a debate as to why court recommendations are not implemented, and generally the impact of the court decisions on the country and communities.
According to Pheona Nabaasa Wall, the Executive Director at FLI, the Compendium offers serious academic value regarding constitutional history and Uganda’s development, strengthening access to justice and advancing governance.
Public Interest Litigation has been instrumental in advancing constitutional freedoms, protecting vulnerable populations, and promoting accountability, according to Wall. These selected cases are what the two consider the most notable PIL cases with great far-reaching constitutional implications and a fundamental impact on Uganda’s social, political, and economic terrain.
The free compilation offers summaries, thematic analyses, and expert commentaries, making it a vital resource for judges, scholars, the media, academia, students, and civil society. Wall says that it is a user-friendly tool that anyone can use to gauge the effectiveness of the implementation of a decision.
Several PIL Cases have arisen from political processes like elections, and the recommendations made in the proceedings are aimed at making the electoral processes better. The launch of the Compendium comes as the electioneering process intensifies towards the 2026 general and local government elections.
It therefore asks whether the recommendations for reforms made in previous cases have been implemented. But Wall also questions whether, since the promulgation of the Constitution and the subsequent electoral processes have given the voter and the general public the kind of political leaders that they get.
Anna Reismann, the Country Director of Uganda at KAS, says that PIL was born out of the constitution and is important in upholding constitutionalism. Its focus on serving the rights of the public shows how highly democratic it is, as well as its importance in shaping the future of Uganda.
The 24 cases were selected from seven different categories. These are: Constitutional Rights and Freedoms; Administrative Law and Governance; Military Justice and Civil Rights; Gender Equality and Anti-discrimination; Criminal Justice and Due Process; Fair Constitutional Protection; and Election and Electoral Governance. Wall says it is hoped that this initiative will enable more people, not just lawyers, to access justice in courts with PIL cases.
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