Kampala– The Attorney General of Uganda has resolved not to appeal a landmark ruling by the Constitutional Court of Uganda that nullified several provisions of the Computer Misuse (Amendment) Act.
In a directive issued by Attorney General Kiryowa Kiwanuka this week, government agencies were instructed to immediately halt enforcement of the affected sections, following the court’s finding that the law was enacted without adherence to parliamentary procedural rules.
“The impugned provisions were null and void,” Kiwanuka stated, referencing the court’s determination that Parliament failed to comply with Rule 24 (now Rule 25) of its Rules of Procedure during the enactment process.
As a result, the Attorney General directed that all criminal proceedings arising from the invalidated provisions be terminated. He further ordered that no new arrests should be made based on the affected sections of the law.
The directive specifically applies to sections 11, 23, 26, 27, 28 and 29 of the Computer Misuse Act (2023 Edition), as well as section 162 of the Penal Code Act Uganda. A permanent injunction issued by the court bars all government entities from enforcing these provisions.
However, Kiwanuka clarified that individuals who were already convicted and are serving sentences under the annulled provisions will not be affected by the ruling.
Despite the nullification, the Attorney General emphasized that the rest of the provisions under both the Computer Misuse Act and the Penal Code Act remain valid and enforceable.
In light of the court’s decision, the Attorney General’s Office advised that instead of pursuing an appeal, the law should be returned to Parliament for proper enactment in line with established legislative procedures.
The communication has been copied to key government officials, including the Deputy Attorney General, Solicitor General, and permanent secretaries in the ministries of ICT and Internal Affairs, signaling the government’s coordinated response to the ruling.
The development marks a significant legal and policy shift in Uganda’s regulation of digital conduct, particularly in areas that had attracted public scrutiny over enforcement and civil liberties.
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