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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents