LLB1205 Principles of Constitutional Law II Exam

KAMPALA INTERNATIONAL UNIVERSITY
SCHOOL OF LAW
DEPARTMENT OF PUBLIC AND COMPARATIVE LAW
UNIVERSITY EXAMINATIONS 2021
UNIVERSITY EXAMINATIONS (REGULAR PROGRAM)

JUNE, 2021
COURSE: BACHELOR OF LAWS

YEAR: THIRD YEAR: SEMESTER TWO
COURSE CODE: LLB 1205
COURSE UNIT: PRINCIPLES OF CONSTITUTIONAL LAW II
DATE: MONDAY, 12/07/2021
TIME: 08:00 AM- 01:00 PM
DURATION: 5HRS
INSTRUCTIONS
1. This is an open book examination.
2. You are required to answer ALL questions. Answers that are clearly
structured and supported with references, examples will earn higher
marks.
3. You are required to type your name and registration number on all the pages
containing the answers or preferably in a header.
4. You are required to type your lecturer’s name on the cover page.
5. You are required to type the answers using Times New Roman, font 12 with 1.5
spacing, and should not exceed 6 pages exclusive of the cover page and
references page.
6. You have an option of writing out your answers in a very organized way and
have the same scanned in PDF and sent. Hand written answers should not
exceed 8 PAGES.
7. Notwithstanding the above, the university rules and regulations on
examinations apply.
8. PLEASE INDICATE YOUR REGISTRATION NUMBER ON ALL THE
PAGES USED AND YOUR LECTURER’S NAME ON THE COVER PAGE.
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QUESTION ONE: (20 Marks)
FACTS:
a) Mr. Zambezi was denied clearance by Uganda Police to peacefully

demonstrate as a citizen of Uganda on what he termed as poor delivery of
services by government to its citizens. As a result, he thought that after all
he does not require such permission since it is his constitutional right to
peacefully demonstrate and accordingly, he proceeded to carry out his
demonstration starting from City Square, Kampala on the 25th day of
November, 2019. As fate may befall, he did not go far, before he even left
the precincts of City Square, he was arrested by Police and detained as
Central Police Station (CPS) on what police termed as unlawful assembly
and inciting violence. Mr. Zambezi has been detained since and all efforts to
apply for police bond have fallen on deaf ears of police. He is being beaten
on daily basis on what police terms as interrogation. He has never been
produced before Court to be formerly charged despite several demands to
be produced in Court. He has been denied access to a Lawyer, family
members and a doctor with Police stating that they are still interrogation
hence do not want any kind of disruptions. Mr. Zambenzi feels that his
rights have been disenfranchised and through his relatives, you have been
instructed as Counsel to do the following;-
a) Advise Zambenzi on his constitutional rights that have been violated and
by who?
b) Advise on the remedies available to Zambenzi and how you can

competently execute those remedies?
2
QUESTION 2 (20 Marks)
FACTS:
The Wanainchi Community who form an integral part of the Citizens of the
Republic of Uganda have several concerns with the recent happenings in the
Country which they believe abuses constitutionalism. Their concerns include the
following :-
a) Hon. Kyagulanyi Robert, commonly known as Bobi Wine from the

Wanainchi Community was denied clearance by Uganda Police to perform
his music concert on the recent past Easter Monday, 22nd April, 2019 termed
‘Kyarenga Extra Concert’ at his celebrated venue known as one love
beach-Busabala. He formerly notified Police three months to his show
however, the said Police responded a couple of days to his show in the
negative. The said Hon. Kyagulanyi Robert and his fans were dissatisfied
with the said Police response hence decided to peacefully demonstrate on
the said Easter Monday by walking to one love beach-Busabala protesting
what they termed an infringement to Hon. Kyagulanyi Robert’s
constitutional rights and had an objective of staging a concert on the same
3
date, at the same venue at whatever cost. As a result, Hon. Kyagulanyi
Robert and some of his fans were arrested by Police and detained beyond
48 hours. They were never produced in Court. Hon. Kyagulanyi Robert was
later taken to his house and put under house arrest for over 48 hours
without being formerly charged and produced in Court. Much as he
escaped from the house, he is still being summoned to appear at Police. He
feels those are just trumped up charges meant to infringe on his
constitutional rights.
b) The child turned musician known by his stage name ‘Fresh Kid’ from the
Wanainchi Community is aggrieved by the recent pronouncement by the
Minister of Gender and Labour ordering Fresh Kid to stop stage
performances and instead go back to class and concentrate on his studies
until when he becomes an adult. Fresh Kid insists that he goes to school and
at the same time after class sings because he has a talent and a promoter
enhancing the development of his music and talent hence sustaining
himself and that of his family members. He equally believes that
Government should instead legislate to promote and protect his talent and
his music but not to block the development of his talent and music. He
strongly believes that the said pronouncement is a direct attack to his
person and his constitutional rights.
c) Parliament recently passed the Sugar Amendment Bill and it was forwarded
to the President for assent for it to become law however the President
declined to assent on the same and forwarded it back to Parliament. The
Parliamentarians who represent the Wanainchi are wondering on what to
do next with the said Bill.
d) The highly awaited Ruling challenging the Constitutional amendment

regarding the presidential age limit and extension of term tenure for
Members of Parliament was finally delivered on the 18th day of April, 2019
by the Supreme Court of Uganda. It was an appeal from the Constitutional
Court Ruling of the majority Justices that sat at Mbale. The Supreme Court
Ruling ended with a majority of Four Justices upholding the majority
Constitutional Court decision against three Justices. Some section of the
Wanainchi Community believe that the Ruling was so tight given a ratio of
Justices who delivered their respective Rulings and was 4 to 3. The
4
Wanainchi believe there is still something to be done to successfully
challenge the said amendments in the Court of law.
Write a Legal Memorandum raising all legal issues from the above facts and
proceed to advise the Wanainchi Community as a Private Legal Practitioner and
also on the other hand as the Attorney General.

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KAMPALA INTERNATIONAL UNIVERSITY

UNIVERSITY EXAMINATIONS (REGULAR PROGRAM)

COURSE: BACHELOR OF LAWS

a) Mr. Zambezi was denied clearance by Uganda Police to peacefully

b) Advise on the remedies available to Zambenzi and how you can

a) Hon. Kyagulanyi Robert, commonly known as Bobi Wine from the

d) The highly awaited Ruling challenging the Constitutional amendment

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