empower and encourage the active participation of all citizens at all
levels in their governance. He also referred us to the Preamble to the
Constitution, which indicates where the country Uganda has been and
where we want to be as a democratic society with freedom of expression
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at the centre. He referred us to Rangarajan v Jagijivan Ram & Others
1989 (2) SCC 574 and Union of India & Others v Jagjivan (1990)
LRC (Court) 424 -427 where it was held that in a democratic state,
freedom of expression is not to be taken for granted. Governance is by
open discussion of ideas by citizens; be it wise or unwise, foolish or
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dangerous, statements must be tolerated in a democracy. That Uganda
is a democratic society and it must apply universal standards of a
democratic society.
Counsel further submitted that the protection of the right to freedom of
expression is of great significance to democracy. That the meaningful
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participation of citizens is a hallmark of democracy which can only be
achieved through optimal exercise of freedom of expression. He referred
us to Edward Kayima Lugonvu & 3 Others v Attorney General,
Constitutional Petition No 24 of 2009 and Attorney General v Major
General David Tinyefuza, Constitutional Appeal No 1 of 1997 for
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some of the principles for constitutional interpretation.
He attacked the response of the respondent, through an affidavit of a
State Attorney, who stated that the shutting down of social media and
mobile money platforms did not contravene the Constitution without
justification or making inquiries from the Uganda Communications
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Commission which regulates telecommunications in Uganda. He prayed
that this- court finds that the respondent’s averments of fact in relation
to blocking social media and mobile money during the elections had not
been proved at all. That the actions of the Commission contravened
Article 29 (1) (a), 22 (1) and 45 and this court should find so and grant
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the declarations prayed for.
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