Elections of February 2016 by the respondent was a violation of the
Constitution.
With regard to the 1st issue, counsel for the petitioner submitted that
Article 29 (1) (a) guarantees the right to freedom of speech and
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expression which shall include freedom of the press and other media.
Further that Article 22 (1) of the Constitution provides for the protection
of life.
That Article 45 of the Constitution provides that the rights,
duties and freedoms specifically mentioned in Chapter Four shall not
be regarded as excluding others not specifically mentioned, in which the
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right to a livelihood falls.
He further submitted that the right to speech and expression is
guaranteed. That given it literal meaning,
other media includes
telephones, laptops, social media platforms which include WhatsApp,
Twitter, Facebook and others. That through these media, Ugandans can
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freely express their thoughts on different issues including political,
social and economic. He referred to the different averments in the
affidavits in support of the petition and the complaints of the various
deponents about the shutting down of the various platforms.
Counsel for the petitioner then submitted that democracy and the
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freedom of expression are intertwined. He referred us to R v Zundel
[1992] 2 S.C.R 731 and Edmonton Journal v Alberta (AG) (1989)
SCR 1326, where it was held that it is difficult to imagine a guaranteed
right more important in a democratic society than the freedom of
expression. That indeed a democratic society cannot exist without the
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freedom of expressing new ideas and putting opinions about the
functioning of public institutions forward.
Counsel then referred to Objective II of the National Objectives and
Directive Principles of State Policy in the Constitution in which it is
stated that the state shall be based on democratic principles which
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