Ugandas forfatningsdomstol erklærede fredag landets omstridte anti-homolov for ugyldig, idet den angiveligt blev stemt igennem parlamentet i Kampala uden at den nødvendige tredjedel af medlemmerne var til stede, et såkaldt quorum, skriver flere ugandesiske medier.
In a unanimous ruling, the panel of five justices blamed the Speaker of Parliament Rebecca Kadaga for acting illegally by abdicating (fragå) her constitutional responsibility of ascertaining whether there was quorum in the House before the Bill was passed into law.
The judges held that at least three people, including Prime Minister Amama Mbabazi, alerted Ms Kadaga about the lack of quorum in the House at the time of passing the Bill but she ignored their warning and went ahead to preside over the proceedings to pass the law on December 20, last year.
To that effect, the justices observed that such an illegality by the Speaker of Parliament once brought to the attention of the court, cannot be overlooked.
The court also ordered the Attorney General (justitsministeren), who represented the government as the respondent in this matter, to pay 50 per cent of the legal costs the pro-gay activists used in their petition.
Kan vedtage loven igen
The ruling does NOT mean that the court nullified the content or substance of the law.
The court nullified the law purely on procedural grounds because it was passed without a quorum as required by the rules.
The Bill can be easily returned to Parliament and passed again, this time with the required quorum of at least 125 out of the 365 MPs in the House.
Furthermore the government is said to plan to bring the verdict for the Supreme Court.
Aktivister jublede
Shortly after the ruling, pro-gay activists nevertheless jumped in joy and jubilated over the victory.
City advocate John Francis Onyango, one of the lawyers who represented the pro-gay activists, described the ruling as a landmark decision and said it was victory for the rule of law.
The Attorney General had argued that the petitioners did not present evidence to prove that there was no quorum in the House on December 20, 2013, when the Bill was passed.
This petition involved a group of pro-gay activists who sued the government challenging the passing of the Anti-Homosexuality Bill into law for lack of quorum.
They include; Prof Joe Oloka-Onyango, MP Fox Odoi-Oywelowo, journalist Andrew Mwenda, Prof Morris Latigo, Dr Paul Nsubuga Ssemugoma, Jacqueline Kasha Nabagesera, Julian Pepe Onziema, and Frank Mugisha, in March this year.
Se mere på http://www.u-web.dk/en-svar-kamp-for-homoseksuelle
President Museveni on February 24 publically assented to (stadfæstede) the Anti-Homosexuality Bill in a ceremony that was broadcast live on Ugandan television.
According to the Anti-Homosexuality Act 2014, a person who purports to contract a marriage with another person of the same sex, commits the offence of homosexuality and is liable, on conviction, to imprisonment for life.
The passing of the anti-gay law attracted a lot of criticism from Western countries, with some (among them Denmark, red.) cutting aid to Uganda on grounds that criminalising same sex relationships promotes stigma and discrimination against homosexuals.
It equally drew widespread support among the local population which is opposed to homosexuality.
Man kan finde mange flere artikler om emnet ved at taste “Uganda anti-homolov” i søgerubrikken i øverste tværbjælke på sitet.
