UPDATE ON SMUG V URSB, CIVIL APPEAL NO. 12 OF 2024, SUPREME COURT OF UGANDA
The Supreme Court today concluded the pre-hearing session in a landmark civil appeal filed by Dr.
@frankmugisha, Denis Wamala and Ssenfuka Joanita challenging the decision of the Uganda Registration Services Bureau (URSB) to refuse to reserve the name “Sexual Minorities Uganda” on grounds that the name was undesirable, against public policy, and the proposed objectives were criminal in nature.
Our Program Manager,
@ByansiHenry, working together with lawyers Derrick Tukwasiibwe and
@MawadriD before Hon. Mr. Justice Muzamiru Kibeedi, J.S.C. for the pre-hearing session.
On November 28, 2012, the appellants filed an application at URSB for reservation of the name “Sexual Minorities Uganda” (
@SMUG2004), with the aim of seeking incorporation of the organization as a company limited by guarantee. On February 16, 2015, the URSB rejected to reserve the name on grounds that the proposed name was “undesirable” and against “public policy” because the organization was being proposed to defend and promote fundamental human rights and wellbeing of lesbians and gays. URSB noted that LGBTI individuals are engaged in activities labeled criminal acts under “unnatural offences” of the Penal Code Act and that they ‘cannot sanction a criminal act’.
In 2016, the promoters of SMUG commenced legal proceedings against URSB in the High Court in Kampala challenging the said rejection. In 2018, the High Court upheld URSB’s decision. Being dissatisfied with the decision, the promoters filed an appeal in the Court of Appeal but it was also subsequently dismissed.
The promoters of SMUG further filed another appeal in the Supreme Court challenging the decision of the Court of Appeal.
All human beings, including LGBTIQ+ individuals, are entitled to the enjoyment of fundamental rights and freedoms guaranteed under Chapter Four of the Constitution, including the inherent freedom of association. Even though Uganda’s Penal Code prohibits sexual acts against the order of nature, this cannot be stretched to justify the infringement of constitutionally guaranteed freedom to form associations to deliver services or defend rights of LGBTIQ+ persons.
#HumanRights |
#Uganda