In interpreting our Constitution this court must not lose sight of our chequered history on human
rights. The framers of the Constitution had this in mind when they stated in the preamble:“Recalling our history which has been characterized by political and
constitutional instability;
Recognizing our struggle against the forces of tyranny, oppression and
exploitation;
Do hereby, in and through this constituent Assembly solemnly adopt, enact and
give to ourselves and our posterity, this Constitution of the Republic of
Uganda………..”
In De Clerk & Snot – vs – Du Plassis & Another [1990] 6 BLR 124 at p.128 the Supreme Court
of South Africa no doubt bearing in mind their own past chequered history of human rights
abuses stated:“When interpreting the Constitution and more particularly the bill of rights it has
to be done against the backdrop of our chequered and repressive history in human
rights field. The state by legislative and administrative means
curtailed……….the human rights of most of its citizens in many fields while the
courts looked powerless. Parliament and Executive reigned Supreme. It is this
malpractice which the bill of rights seeks to combat. It does so by laying down
ground rules for state action which may interfere with the lives of its
citizens. There is now a threshold which the state may not cross. The Courts
guard the door.” [emphasis mine]
This case was cited with approval in Major General Tinyefuza – Vs Attorney General
Constitutional Appeal No. 1 of 1997 (Supreme Court) per order, JSC.
…… the powers of this court in statutory interpretation are not limitless or absolute. The limits
were expounded by Wallen, CJ. in the Supreme Court of the United States in Troop – Vs Dulles
35 6 US 86 2L Ed. 785 at 590 (1956):“In concluding as we do that the eighth Amendment forbids congress to punish
by taking away citizenship. We are mindful of the gravity of the issue inevitably
raised whenever the Constitutionality of an Act of the National Legislature is
challenged. No member of the Court believes that in this case the statute before
us can be construed to avoid the issue of Constitutionality. The issue confronts
us, and the task of resolving it is inescapably ours. The task requires the exercise
of judgment, not the reliance on personal preferences. Courts must not consider
the wisdom of statutes but neither can they sanction as being merely unwise that
which the constitution forbids.
We are oath bound to defend the Constitution. This obligation requires that
congressional enactments be judged by the standards of the Constitution. The
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