govt wants court to dismiss gays’ case

By Lominda Afedraru (Source: Daily Monitor)

August 29, 2007: Court should dismiss the case filed by two gay activists seeking protection of their rights to live freely in society without prejudice. The Attorney General (AG) yesterday asked the High Court to halt the activists' case by allowing him to appeal the procedure used to file it.

The AG's representative, Ms Susan Adong asked court to dismiss the case.

Ms Juliet Victor Mukasa, a 32-year old gay rights activist and Ms Yvonne Ooyo, a 24-year old Kenyan, sued the AG for alleged violation of their right to privacy, personal liberty, and the right to freedom from torture, inhuman and degrading treatment as provided in the Constitution.

However, the AG opposes the suit, saying the aggrieved used a wrong procedure to file the case. Homosexual activities are illegal in Uganda and if court rules in the duo’s favour, it would bring a new legal regime.

Ms Adong told court that the case should have been filed using ordinary plaint, meaning that Ms Mukasa and Ms Ooyo must testify as witnesses in person rather than in writing. However, the presiding judge Stella Arach Amoko dismissed the AG's request.

The two ladies, represented by city lawyer Ladislaus Rwakafuzi, claim that on July 20, 2005, Local Council officials of Kireka Zone in Kampala forcefully entered Ms Mukasa's house in search of homosexual tools.

They claim this is a breach of their right to privacy as guaranteed in Article 27 of the Constitution. They also accuse policemen of Kireka police station of arresting them on claims that they were engaged in homosexual activities in the same house

They say this was a breach of their right to personal liberty and freedoms.

They want court to declare the acts unconstitutional, paid damages and costs of the suit. The AG denies the claims but is yet to make submissions. Court resumes on September 12.