Police Clarifies On Mandate To Block Illegal Assemblies Despite Constitutional Court Ruling

By Phillipa Among On Mar 20, 2023 991

The Uganda Police has stated that they still have the authority to disperse rioters and illegal assemblies regardless of a Constitutional Court decision nullifying certain sections of the Public Order Management Act (POMA), 2013.

Five justices including Justice Elizabeth Musoke, Fredrick Egonda-Ntende, Christopher Izama Madrama, Monica Mugenyi, and Christopher Gashirabake nullified 5 (b) and Sections 10 (3) and (4) of POMA as inconsistent with article 29 of the 1995 Constitution.

However, Police spokesperson, Fred Enanga told journalists at the police offices in Naguru, Kampala that some sections of the POMA act still give powers to clear assemblies.

Enanga explained that section 5 of the POMA Act requires that organizers of meetings must notify police three days before a procession or meeting.

“For purposes of policing public meetings, assemblies and processions, the most important section in the Public Order Management Act 2013 is section 5 and is still intact. Providing for organisers of the public meetings to notify police three days before meeting date. Organisers of processions, individuals and political groups should inform police of the date, consent of venue, time, location purpose of meeting and number of guests expected.” says Enanga

Under section 5,of the POMA Act, an organizer is required to give notice in writing to the authorized officer of the intention to hold a public meeting, at least three days but not more than 15 days before the proposed date of the public meeting.

Enanga says it is necessary for organizers of assemblies, meetings, rallies and processions to inform police of the date, time, details of the assembly, details of the organizers, consent of the venue owner, number of persons expected to attend, purpose and any other basic information.

He says they need to adhere to having a traffic assembly plan, providing sufficient stewards and coordinating with police to maintain security among others.

He also explained that the police will still stop illegal gatherings because they have the power to do do under sections 65 and 68 of the penal code act.

” We still have powers to disperse unlawful assemblies under section 68 of the Penal Code Act. There is a provision for proclamation of rioters to disperse where by a Magistrate, police officer , commissioned officer has powers to order an assembly of 12 or more rioters under the President’s name to be dispersed. The law provides for the regulation of unlawful assemblies under the Penal Code Act and for that matter, under section 65 it still provides what an unlawful assembly is. We therefore have powers to disperse any unlawful assemblies and riots.” said Enanga

He said section 68 of the Penal Code Act also provides for a proclamation for rioters to disperse done by a magistrate or any police officer at the rank of inspector or above or any commissioned officer in the armed forces in whose view 12 or more persons are riotously assembled can make a proclamation and cause for the dispersal of the assembly.

“We have seen situations where a commissioned officer is trying to make a proclamation and there are people who try to block that process but it is an offence punishable with a maximum of 10 years imprisonment.”

In 2020, the Constitutional Court revoked section 8 of the Public Order Management Act which granted the Inspector General of Police powers to stop public gatherings.

fred enanga