The Constitutional Court in Kampala has repealed the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 which among others prohibited the sale and use of several narcotic drugs in the country.
Justice Muzamiru Mutangula Kibeedi said in a lead judgement declared the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 null and void for lack of quorum when it was passed on the part of parliament contrary to the constitution.
The decision followed a petition by farmers of miraa against the law that described the crop as a narcotic drug and consequently banned it in the country.
In the 2017 petition, the farmers of the crop under their umbrella body, Wakiso Miraa Growers and Dealers Association Ltd, petitioned the Constitutional Court seeking for overturning of the decision of parliament which they said was inconsistent with principles of legality, equality, rationality and proportionality guaranteed under the constitution since they were never consulted.
The dealers in mairungi also argued that they were aggrieved over the manner in which the law seeks to prohibit the dealings in the crop arguing that this decision was not backed up by any evidence, scientific or otherwise.
Today, the Constitutional Court ruled that the manner in which the entire law was enacted was illegal and the only remedy was repealing it.
According to the panel of five justices including the Deputy Chief Justice, Richard Buteera, Justice Stephen Musota, Justice Muzamiru Mutangula Kibeedi, Justice Irene Mulyagonja and Justice Monica K . Mugyenyi the rules of procedure in parliament require for a quorum before any bill is passed.
