Applicant as a public spirited litigant would irreparably agonize over her
apparent inability to prevent a possible breach of the Constitution and other
laws of Uganda. Counsel concluded that should there be any doubt on the part
of the Court, the Court should find that the balance of convenience tilts in
favour of halting the novel ITMS.
Submissions by Counsel for the Respondent
[12] In reply, Counsel for the Respondent submitted that the status quo has
been irretrievably changed. Counsel stated that the Government has already
executed a binding agreement with M/s Joint Stock Company Global Security
and carried out a feasibility study for implementation purposes. Counsel stated
that the financial model, registration with NITA-U and URSB, a public notice
and a road map for rolling out the project are pre-mature procedural matters
that will be addressed in due course of the project. Counsel argued that since
this is an application for enforcement of human rights, such matters are best
suited to be addressed in an application for judicial review.
[13] On the ground for existence of a prima facie case, Counsel for the
Respondent submitted that the main cause from which the instant application
emanates is premature and incompetent and cannot raise any serious issues
for determination by the Court. Counsel also argued that the Applicant’s
submissions have veered off into the merits of the application. Counsel argued
that the implementation of the ITMS is authorized and is based on a legitimate
purpose. Counsel argued that any limitation it may occasion on the right to
privacy is demonstrably justifiable in a free and democratic society as provided
for under Article 43 of the Constitution. Counsel concluded that the main
Cause is misconceived and does not raise a prima facie case with a probability
of success.
6
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents