THE CONSTITUTIONAL COURT IN UGANDA DISMISSES PETITION CHALLENGING PROVISIONS OF SECTION 44 OF THE NGO ACT, 2016

On 27th April 2023, the Constitutional Court dismissed Constitutional Petition No. 20 of 2019 filed by Centre for Public Interest Law (CEPIL) against the Attorney General that sought to challenge the constitutionality of section 44(a), (b), (c), (e), (g) and (h) of the NGO Act, 2016 which CEPIL perceived to be inconsistent with Articles 8A, 21(1) and (2), 29(1)(a) and (e), 38(2) and 43(2)(c) of the constitution. The court found that the impugned provisions of Section 44 of the NGO Act, 2016 were not unconstitutional but rather demonstrably justifiable in a free and democratic society.

The NGO Bureau welcomes and expresses its gratitude for the ruling, acknowledging the importance of both the Government and NGOs in the country’s development while emphasizing the significance of regulating and enabling the sector. The NGO Bureau urges all NGOs to adhere to the laws governing the sector to ensure compliance.