PUBLIC INTEREST LITIGATION IN UGANDA: HISTORY, PRACTICES AND IMPEDIMENTS A PAPER PRESENTED Public Interest Litigation in Uganda: History, Practices and Impediments (original) (raw)

Public Interest or Strategic Litigation (PIL) - by which term is meant court action that operates to vindicate the welfare or collective well-being of the general public, is fast gaining acceptance and popularity in the Ugandan legal context. Through it, public-spirited individuals as well as Civil Society Organizations and Non-Governmental Organizations have acted; and, continuously, are acting to challenge governmental lawlessness, administrative indiscretion and the exploitation of the poor by the rich. PIL is also being employed to engender the rule of law, promote noble notions of constitutionalism and democratic governance; and also, push back against retrogressive cultures and other bad tendencies like violation of human rights by State organs. More recently, PIL is also being used to promote social justice, precipitate policy and statutory reform as well as shine bright lights upon historical injustices suffered by minorities and other marginalized or disadvantaged sections of society with view to correction. It is also being used to advance or project such causes like environmental justice and public accountability. In the Ugandan context, the legal framework in place for PIL is quite extensive and permissive. It ranges from the supreme law of the land which is the Constitution of the Republic of Uganda, 1995 (as amended) to Acts of Parliament and other subsidiary rules and regulations which act to operationalize specific provisions of those Acts of Parliament. The practice and procedure of PIL can also be gleaned from judicial pronouncements. In addition, the PIL tradition in Uganda has also borrowed heavily from progressive jurisprudence by judges and courts in Kenya, South Africa, India and; as well, the wider Commonwealth. However, despite its rising popularity, PIL has suffered some pitfalls which have acted to diminish its value as an effective weapon for social change. These are procedural and systemic. The paper, therefore, considers the state of PIL in Uganda; its history, practice and procedure. It evaluates its success and pitfalls and makes proposals for the future.