Uganda’s Constitutional Court on Wednesday largely upheld the controversial Anti-Homosexuality Act 2023 for being in line with the values and the country’s Constitution.
The Parliament of Uganda last year passed the Anti-Homosexuality Bill 2023 and president Museveni signed it into bill in May 2023. Upon signing it into law, it’s implementation took immediate effect.
The Act provides for the death penalty for a person who commits the offence of aggravated homosexuality especially if the act is performed against a child or a person who is disabled, mentally ill, of advanced age or under influence of medicine, drugs and alcohol.
“We decline to nullify the Anti-Homosexuality Act 2023 in its entirety neither would we grant a permanent injunction against its enforcement.” – Justice Richard Buteera
These contend that same sex intercourse between two consenting adults shouldn’t be a crime. They are also against the heavy fines, tough punishments including life imprisonment and death penalty which come with come with the Anti-Homosexuality Act 2024.
The controversial petition which was filed by Andrew Mwenda and others against the Attorney General on 29th May 2023 as the Key respondent on behalf of government was heard on 18th December by five justices led by Deputy Chief Justice Richard Butera, Geofrey Kiryabwire, Muzamiru Kibeesi, Monica Mugenyi and Christopher Gashirabake who heard the evidence and arguments presented to them and promised to give their verdict.
The justices of the Constitutional Court have today in a judgement read by the Deputy Chief Justice Richard Butera unanimously dismissed Andrew Mwenda and group’s petition and declined to nullify the Anti-Homosexuality Act 2023.
The justices have ruled that the Anti-Homosexuality Act 2023 does not violate the right to practice and profession
Homosexuality is criminalised in more than 30 of Africa’s 54 countries. Some Africans see it as behaviour imported from abroad and not a sexual orientation.
