Three justices of the Court of Appeal, led by Deputy Chief Justice Richard Buteera, have upheld a High Court decision that registering organizations promoting LGBTQ activities is illegal.
The case originated from a 2016 appeal filed by three gay rights activists: Frank Mugisha, Dennis Wamala, and Joanita Mary Ssenfuka. They challenged the Uganda Registration Services Bureau’s (URSB) refusal to register the name “Sexual Minorities Uganda (SMUG).” The URSB, in a letter dated February 16, 2016, cited the organization’s objectives as conflicting with public policy and national interests.
The activists argued that the URSB’s decision violated their constitutional rights and amounted to unfair treatment. They sued the URSB and sought a High Court order to reverse the decision.
However, on June 14, 2018, High Court Judge Patricia Basaza dismissed the case. Her ruling acknowledged the URSB’s legal authority to reject names or company registrations if the proposed entity’s objectives are not in the public interest. Judge Basaza further stated that registering such organizations would be immoral and ordered the applicants to pay costs/damages to the URSB.
Dissatisfied with both rulings, the activists filed an appeal. After a careful review of SMUG’s objectives, which included promoting gay rights, the Court of Appeal justices concluded that the URSB was justified in rejecting the registration.
The Court, however, overturned the High Court’s order requiring the activists to pay costs. Each party will now bear their own legal expenses.
