East African court rejects bid by two organisations to be ‘friends of the court’ in case challenging sections of the Uganda Anti Homosexuality Act (AHA)Though ruled nullified, the Uganda AHA, however, remains a precedent that other EA countries can adopt; this is what is being challenged including the constitutionality of such legislationJudges said the two applicants did not meet some of the criteria to be ‘friends of the court’
The East Africa Court of Justice (EACJ) has thrown out two applicants who wished to be enjoined in a case challenging the now nullified Uganda Anti Homosexuality Act.
The judges dismissed the applications filed by UHAI East African Sexual Health and Rights Initiative (UHAI EASHRI) and Health Development Initiative-Rwanda (HDI-Rwanda) in their attempt to join the case filed by the Human Rights Awareness and Promotion Forum (HRAPF) challenging sections of the nullified Anti-Homosexuality Act in the EACJ.
The Anti-Homosexuality Act was already challenged in Uganda andfound to be invalid on the basis of a parliamentary voting technicality, as there was no quorum when the Act was passed. However, the court never ruled on the human rights and constitutional issues raised in the case.
It therefor means that HRAPF will not be joined in the case by the UHAI-EASHRI or HDI-Rwanda as “amici curiae.” (That status, which means “friends of the court” allows submission of legal arguments by parties not directly involved in a case).
HRAPF is seeking a ruling by the Tanzania-based East African Court that will make clear that anti-gay laws such as the Ugandan Anti-Homosexuality Act are unacceptable throughout East Africa.
Source: Dennis Inzioka