In reply, counsel for the respondent submitted that the respondent
opposes the petition in its totality because it does not raise any
questions requiring the interpretation of the Constitution. It is therefore
misconceived, frivolous and vexatious.
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Further, that the Constitution establishes Uganda as a democratic
society and it operates through the principles of democracy and good
governance. That much as the Constitution provides for the right to
freedom of speech and expression in Article 29, the right guaranteed is
not absolute and non-derogable in nature. Thus the respondent in
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February 2016,
during the elections,
ordered telecommunication
operators and internet service providers to block, shutdown and slow
internet and it was not in contravention of the Constitution as alleged
by the petitioners.
Counsel for the respondent went on to assert that Article 22 (1) and 45
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of the Constitution protect life and livelihood and blocking of and
shutting down of social media and mobile money transfer services
during the general elections was not inconsistent with the Constitution
and did not in any way deprive the petitioners of their right to life and
livelihood. That in addition, the blocking of the same services during the
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presidential inauguration did not in any way deprive the petitioners of
their right to life and livelihood.
In addition, counsel for the respondent submitted that the actions of
the respondent were permissible under Article 43 of the Constitution
and thus were not inconsistent with the Constitution. He explained that
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in the enjoyment of rights and freedoms prescribed in Chapter Four, no
person shall prejudice the fundamental or other rights and freedoms of
others or the public interest. That the respondent’s blocking, shutting
down and slowing down of the internet was done in the public interest.
He explained that Article 43 (2) (c) of the Constitution is to the effect
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