Ugandan court rules controversial anti-gay bill ‘null and void’

A Ugandan court has invalidated a controversial anti-gay bill signed into law earlier this year, saying the measure is illegal because it was passed during a parliamentary session that lacked a quorum.

Activists erupted in cheers after the court ruled the law “null and void”, but some cautioned that the fight was not over: The state could appeal the ruling in the Supreme Court and legislators might try to reintroduce new anti-gay measures.

The law provided jail terms up to life for those convicted of engaging in gay sex. It also allowed lengthy jail terms for those convicted of the offences of “attempted homosexuality” as well as “promotion of homosexuality”.

Although the legislation has wide support in Uganda, it has been condemned in the West.

The US has withheld or redirected funding to some Ugandan institutions accused of involvement in rights abuses, but the ruling yesterday might win the Ugandan delegation a softer landing in the US next week as it heads to Washington for a gathering led by President Barack Obama.

The panel of five judges on the East African country’s Constitutional Court said the speaker of parliament acted illegally when she allowed a vote on the measure despite at least three objections — including from the country’s prime minister — over a lack of a quorum when the bill was passed on December 20.

“The speaker was obliged to ensure that there was a quorum,” the court said in its ruling. “We come to the conclusion that she acted illegally.”

The courtroom was packed with Ugandans opposing or supporting the measure.

Frank Mugisha, a Ugandan gay leader, said the ruling was a “step forward” for gay rights even though he was concerned about possible retaliation.

Ugandan lawyer Ladislaus Rwakafuuzi, an attorney for the activists, said the ruling “upholds the rule of law and constitutionalism in Uganda”.

Lawyers and activists challenged the anti-gay law after it was enacted in February on the grounds that it was illegally passed and that it violated certain rights guaranteed in Uganda’s constitution.

The court ruled that the activists’ entire petition had been disposed of since the law was illegally passed in the first place.

Nicholas Opiyo, a Ugandan lawyer who was among the petitioners, welcomed the ruling but said there is a missed opportunity to debate the substance of the law.

“The ideal situation would have been to deal with the other issues of the law, to sort out this thing once and for all,” Opiyo said.

A colonial-era law that criminalises sex acts “against the order of nature” still remains in effect in Uganda, allowing for the continued arrests of alleged homosexual offenders, Opiyo said.

Lawmakers might also try to reintroduce a new anti-gay measure, he said.

Some European countries and the World Bank withheld aid over the law, piling pressure on Uganda’s government, which depends on Western support to implement a substantial part of its budget

Although Ugandan police say there have been no arrests of alleged homosexual offenders since the bill was enacted, gay leaders and activists say suspected homosexuals have been harassed by the police.