WHAT NEXT IN THE FIGHT AGAINST HOMOSEXUALITY IN UGANDA?

Since time immemorial, the fight against homosexuality in Uganda has been ongoing, in schools, religious institutions, homes and cultural settings in Uganda. The general, attitude and view towards same sex relationships in Uganda is one of hostility and coldness in short, Ugandans do not condone of same sex relationships and thus the general celebration and aura of triumph that engulfed the entire nation when Honorable David Bahati tabled the anti-homosexuality bill before the parliament is what we could regard as the Ugandan response. People were ecstatic, elated, this was the bill the nation had been waiting for, the bill to save the delicate moral fabric of the nation. Ugandans joy was elevated with the news that the president had consented to this bill and appended his signature in approval.

This joy and euphoria was however short lived as the constitutional court in 2014 came out to pronounce itself on the bill which had been passed despite a procedural failure in Constitutional Petition Number 8 of 2014 led by Professor Oloka Onyango and 9 others. The entire country watched on as the constitutional court  threw out the said bill from the legal system of the country. As expected, the reaction was that of disappointment and slander of the judges for throwing out a law that looked to solve deep issues that touched Uganda’s moral fabric to the core. As usual allegations of unfair and bias were thrown towards the judges with the expected allegations of bribery for what every legal mind in the country would agree was a well decided case.

2 years later, the same bill has not been tabled again, despite multitudes of general public support and rightly so. The law makers perhaps did realise. Whereas passing a law against same sex relations in Uganda is easy, having the same law kicked out by the courts as unconstitutional despite the fact that in the a fore mentioned case it was on grounds of a procedural failure. The law in place, section 145 which prohibits sex against the order of nature is for all intents and purposes redundant law. It has not in fact been used to pass any concrete judgement as regards same  sex relations in Uganda in essence, same sex partners continue to live amongst the everyday Ugandan.

So, what is the way forward if Ugandan so wishes to have homosexuality outlawed. The clear path is one, the law makers. But the law maker’s drafted law is subject to approval by the court as the persons living in same sex relationships in Uganda shall not take this sitting down, the law shall be challenged in the constitutional court and should any party not be pleased with the findings, eventually the Supreme Court shall be required to pass law on the issue. The court and only with the court’s approval can the law barring anti-homosexual relations be law.

Now as to what the Supreme Court shall decide can only be speculative, it is a decision that can only be passed by members of the honorary bench. Personally I doubt it shall be a unanimous decision as cultural and religious inclinations will make it difficult for the pro homosexual counsels. However, it could go either way as the anti same sex relations counsels shall have to prove that their law is not in fact a plot to marginalize a given section of   members of society: no easy fete. But well all this is only speculative as the final word does indeed lay with the ladies and gentlemen of the Bench. Yes a tall order but not one the ladies and gentlemen of the bench cannot surmount.