High court judge Musa Ssekaana on Monday ruled that government was right to shut down the internet on a polling day of the 2021 general elections.
Justice Ssekaana in his ruling said that a temporary internet shutdown might fit well with politics, especially where public order is fronted.
“As noted from the affidavit evidence, the shutdown was for less than a fortnight and happened in Uganda for the second time, by the same authority. This points to the political connotations around it,” he said.
Citing the case of Modern Dental College & Research vs. State of Madhya Pradesh in India in 2019, Justice Ssekaana cited that suspension can be utilized for a temporary duration only. Any order suspending internet issued under the Suspension Rules must adhere to the principle of proportionality and must not extend beyond the necessary duration.
According to him, the duration of suspension was appropriate. He noted that the application would in his view be intended to ‘trick’ the court into making a different decision departing from the earlier binding constitutional decision.
“The questions that are sought to be canvassed were already determined and this renders this application incompetently and improperly before this court. This application is an abuse of the court process. The applicant is trying to re-litigate an action finally and judicially pronounced upon and determined by the Constitutional court.”
Justice Ssekaana added that the applicants were supposed to file their application before the Constitutional Court as per Rule 5(1)(d) and 7(2) since they claimed it was brought in the public interest.
“This application would also be improperly filed in this court and the same ought to be struck off. The application is dismissed with costs to the respondents. I so Order,” he ruled.
It must be remembered that between 12th and 18th January 2021, internet services were non-functional following the internet shutdown on the orders of the state.
This caused a lot of losses to businesses that were internet based, a move that forced Civil Society Organization ‘Unwanted Witness Uganda Limited’ under the support of Dorothy Mukasa and Sempala Allan Kigozi to file a petition against the Attorney General, Uganda Communications Commission, Mobile Telephone Network (Mtn) Uganda, Airtel Uganda and Africell Uganda.
In their application, under Articles 20(2) 26, 29(1)(a), 30,40(2), 41,45, and 50(1) and (2), of the Constitution of Uganda, Section 1 (1) and (2), 3, 4, 6, and 9 of the Human rights (Enforcement) Act, 2019, they wanted the court to declare that shutting down to the internet country in 2021 was unlawful and an infringement of rights enshrined under article 20(2), 29(1)(a), 30, 40(2),41 and 45 of the Constitution of The Republic of Uganda.
They also, wanted the court to order the government refunds all the Over the (OTT) Tax Paid for the period from 9th January 2021 till the end of January 2021 and order that the respondents restore access to all social media services unconditionally.
The applicant also wanted court to put an order restraining the respondents against future arbitrary and unjustified shutdowns and restrictions of access to the internet and social media services to the public.
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