The Constitutional Court of Uganda has nullified the controversial amendments to the Computer Misuse Act, ruling that the law was not properly passed by the Parliament of Uganda.
In its decision, the Court focused not on the substance of the law, but on the procedure followed during its enactment. The 2022 amendments had introduced new offences such as “offensive communication” and “malicious information,” raising concern among journalists, civil society actors, and human rights advocates who argued that the provisions were vague and open to abuse.
However, the judges based their ruling on a constitutional requirement that at least one-third of Members of Parliament must be present before any law is passed—a quorum that must be confirmed by the Speaker.
Upon reviewing parliamentary records, the Court found no evidence that the required quorum was verified at the time the amendments were passed. The official record indicated that the bill was approved, but failed to show how many legislators were present or how the vote was conducted.
As a result, the Court declared the amendment invalid, effectively rendering it void as though it had never been enacted.
The ruling carries significant legal implications. Individuals who were arrested, charged, or convicted under the invalidated provisions may now have grounds to challenge their cases, as enforcement of a law that was not properly passed is unconstitutional.
In the same judgment, the Court also addressed the issue of criminal libel, finding that the law is overly vague and does not clearly define prohibited conduct. This lack of clarity, the Court noted, undermines the right to freedom of expression.
The decision sends a strong signal on the importance of adhering to constitutional procedures in lawmaking, emphasizing that even well-intentioned legislation cannot stand if due process is not followed.
