THE EFFECT OF PUBLIC ORDER MANAGEMENT ACT 2013 ON CONSTIUTIONALISM & RULE OF LAW IN UGANDA

ABSTRACT

The Public order Management Act Came into force on 2nd October 2013 ,ever since its enactment

it was followed by a lot of protests and criticisms. The scenes have been as many as they have

been predictable. Some people declared that they would exercise their right to freedom of

assembly and demonstration unhindered as reported. The POMA was enacted to provide a

regulatory framework for public assemblies. It however gives wide discretionary powers to the

Uganda Police Force to deny and disperse any assemblies. It controls rather than regulates

assemblies when it subjects free expression to the whims of the Inspector General of Police to

determine whether people as individuals or collectively as associations can freely exercise the

freedom of expression. ll goes beyond to control the content of the meeting or gatheringdiscussions

on polities or examining the performance of the elected government, not least its

failures. The law contravenes Articles 20 (I) (2) and 29 (I) (d) of the Constitution of the

Republic of Uganda for its provisions reverse a Constitutional Court ruling which repealed

sections 32 (2) of the Police Act that granted the police powers to prohibit public assemblies arid

processions in the case of Muwanga Kivumbi vs Attorney General. The public international law

respects state sovereignty and leaves some room for acting as the state may think tit; in other

words, there are some critical issues, which fall within the state's sole discretion. All treaty

bodies established to supervise the fulfillment of commitments undertaken by the State take into

consideration the background in which a particular measure is employed and respect various

needs that do not prejudice the human rights protection, a major concern of all civilized nations.

This approach acknowledged in the international law is manipulated by the States on various

occasions, as they tend to mask their real intentions under the cover of certain legitimate aims.

Despite a number of solutions put in place and provisions by both the Constitution and other

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