The Constitutional Court in Kampala has made a significant ruling by repealing the Narcotic Drugs and Psychotropic Substances (Control) Act, of 2015.
This law, which prohibited the sale and use of various narcotic drugs in Uganda, has now been declared null and void by the court.
Justice Muzamiru Mutangula Kibeedi, delivering the lead judgment, stated that the Act was repealed due to a lack of quorum on the part of parliament.
He cited articles 88 and 89 of the Constitution, as well as rule 23 of the Rules of Procedure of the 9th parliament, which were violated during the enactment of the law.
The court’s decision came after a petition by farmers of miraa, a popular crop in Uganda, stood against the law that classified it as a narcotic drug and consequently banned its sale and use.
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The Wakiso Miraa Growers and Dealers Association Ltd, representing the Miraa farmers, argued that the law was inconsistent with constitutional principles such as legality, equality, rationality, and proportionality.
They further contended that they were not consulted during the decision-making process.
This ruling marks a significant victory for the miraa farmers and dealers, who can now resume their activities without the legal constraints imposed by the previous legislation.
It also highlights the importance of adhering to constitutional procedures and ensuring adequate representation and consultation when passing laws that have a significant impact on specific industries or communities.
The decision of the Constitutional Court is expected to have broader implications for the legal framework surrounding narcotic drugs and psychotropic substances in Uganda.
It will likely prompt a reevaluation of existing laws and the need for more inclusive and consultative processes when formulating legislation in this field.
