that any limitation to the enjoyment of the rights and freedoms
prescribed in Chapter Four should not be beyond what is acceptable
and demonstrably justifiable in a free and democratic society or what is
provided for in the Constitution. He concluded that the respondent’s
5
actions were in good faith and therefore justifiable as the instructions,
directives and orders given to the telecommunication operators and
internet service providers were within what was provided for in the
Constitution, and most importantly for the purposes of national
security, peace and order.
10
Resolution of the petition
The respondent’s counsel raised an objection that the petition does not
raise any question for constitutional interpretation. The petitioner’s
counsel contended that it does and cited Article 137 (2) (b) of the
Constitution. He did not support his arguments with any authorities
15
and left it to court to make its decision on the issue. I think it is a
question that deserves consideration before I attempt to deal with the
grounds raised by the petitioner, as is provided for under Order 6 rule
28 of the Civil Procedure Rules. See also Attorney General v David
Tinyefuza, Constitutional Appeal No 1 of 1997.
20
In order to give clarity to the discussion, it is important to set down the
relevant part of Article 137 of the Constitution; it provides as follows:
137. Questions as to the interpretation of the Constitution.
25
(1) Any question as to the interpretation of this Constitution
shall be determined by the Court of Appeal sitting as the
constitutional court.
(2) When sitting as a constitutional court, the Court of Appeal
shall consist of a bench of five members of that court.
(3) A person who alleges that—
30
(a) an Act of Parliament or any other law or anything in or
done under the authority of any law; or
9