well, our position that The Republic of Uganda is bound by the precedence of community laws over national ones in matters pertaining to the implementation of the Treaty. We think, therefore, that the obligations voluntarily entered into by the Republic of Uganda, and the rights acquired by the citizens of the Partner States, under the Treaty and Protocol, in respect of the movement of citizens of the Partner States, within Uganda, carried with them a permanent limitation against which a provision of existing or subsequent national law incompatible with the Treaty and Protocol, by the Republic of Uganda, cannot stand. 122. The upshot of this, in our view, is that from the dates of entry into force of the Treaty and the Protocol, in Uganda, Section 52 would have to be read together with, and give precedence to, the relevant Treaty and Protocol provisions, on matters pertaining to the determination of whether a citizen of a Partner State is a prohibited immigrant or not. Section 52 is still applicable as it is where citizens of other nations, except the Partner States, are concerned. In matters pertaining to citizens of the Partner States, however, it would result in an infringement of the Treaty. In this Reference it is clear that if the Section had been read together with the relevant Treaty and Protocol provisions, as shown above, the Applicant would have been treated like a citizen of a Partner State but we got the impression that a procedure, unknown to any law, could have been applied to the Applicant and the immigration officials were conveniently stretching the law to fit. 123. In view of the foregoing, we find and hold that the provisions of Section 52 are neither inconsistent with, nor in violation of Articles 6(d), 7(2) and 104 of the Treaty and Article 7 of the Protocol because, on matters pertaining to citizens of Partner States, any offending provisions of the Section were rendered inoperative as of the respective dates of entry into force of the Treaty and Protocol as applicable law in Uganda. (Emphasis supplied) REFERENCE NO.5 OF 2011      Page 54 

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