All time sheets should be turned into either me or Mirriam by April 18th.
Mirriam will set the procedure for handing in time sheets and supporting documentation to her.
Students that are on the Streams of Justice, Joni & Friends or LDC Workshop teams have the option of sending their time sheets to me as well to make sure that I provide full and accurate feedback to Mirriam for her marking of your clinical project performance. If you want to make sure you receive my personal feedback on your timesheet you can type out the particulars and send it to me or you can have your timesheet or timesheets scanned and emailed to me at dbriandennison@gmail.com Note that you should not send proof of court attendance or supporting court attendance journals to me with your timesheets. Those materials are for Mirriam only.
I will provide some feedback on team members under my supervision regardless as to whether you send your sheet on to me. However, sending your sheets to me will help ensure that I provide Mirriam with a more informed assessment of your work on that project team.
Note that it is important to state any future service commitment you will be making for clinical projects on your time sheets. For example if you are committing to present at the LDC Workshop you should indicate that on your timesheet. The same thing goes for commitments to attend future will writing clinics, to assist UCLF with the Naguru remand home juvenile sessions under the J-Faster Programme, to present at the TBA Joni and Friends PWD in the law workshop, to participate in Land Mediation exercises, etc.
Wednesday, March 21, 2012
Memo Assignment
The following is a guide to your upcoming memo assignments.
Note that your memo should be from 4 to 7 pages in length. Your memo must be submitted by email to dbriandennison@gmail.com by 11:59 p.m. East Africa Time on Tuesday, 24 April, 2012. Earlier submission are appreciated as our clinical partners who provided us with these research assignments can use these memos as soon as they are ready.
Note that you cannot presume that I have received your memo via email unless I send you a confirmation email. If you do not receive a confirmation email within two days of sending you should check to see if I received the email and check the address you used for accuracy.
Your memo should be clear and informative. It should provide an accurate and current assessment of the law regarding the memo topic. It should include citations to authority. If the memo relies on a case or opinion that is not readily available on the internet you should provide a way in which this document can be provided to the clinical partner. My recommendation is that you provide Mirriam with a copy of the document.
Note that the assignments below do not apply to Joni & Friends Team Members. Those team members have already been provided with assignments.
For LDC Team Members you can write your memo on the following topic: What were the most important developments in (insert here one of the LDC topic areas other than Legal Methods) in Uganda since 1 January, 2011.
For all other students you are to write on the topic that correlates with the first letter of your African name. If you have two African names you can pick which name you would like to go with. That is a special advantage for those with two African names.
Switching Topics: Note that you also have the power to switch topics with a student if that student’s name lines up with a memo topic that you would prefer to write on. If that is the case you need to indicate at the beginning of your memo who you have switched with. The idea here is to make sure I get a good distribution of research in order to best serve the partners who provided us with these assignments.
African Names (Aa-Am):
Consider the following factual scenario -- Mother of child is mentally disabled such that the mother thinks she is a child, is unable to care for herself, and is unable to care for a child. Legal question -- How can this mother be declared mentally incompetent, and how does such a finder affect the ability of the child to be legally deemed an orphan. In other words, what is the legal process for getting a sole caregiver of a child declared to be unfit to care for the child, and what are the legal consequences on parental rights of such a declaration.
African Names (An-Az):
Write a memo clearly delineating the criminal procedural path that an adult and/or juvenile travels from the time of arrest until trial. Include in this memo all of the relevant time limitations for the various stages as prescribed by Ugandan law.
African Names (Ba-Bz):
Address the likely constitutional challenges to the component in the pending Anti-Homosexuality bill regarding the obligation to report the homosexual conduct of others.
African Names (D-J):
Draft a working guide to bail in Uganda providing a description of the procedures, limitations, and requirements for obtaining bail for both juveniles and adults.
African Names (Ka):
Draft a memo addressing the legal issues involved when one record/videotape conversations without informing one or more of the parties to the conversation? Under what circumstances is it legal? Under what circumstances is it illegal?
African Names (Kb-Kz):
Draft a memo addressing the evidentiary admissibility of undercover audio/video recordings in a criminal and civil hearing? To the extent that it is admissible what evidentiary weight is it given and are there any special procedural and evidentiary concerns that counsel should be aware of when attempting to use such evidence?
African Names (L-Mb)
Are admissions against interest made to non-police officers admissible against criminal defendants (and what evidentiary weight are they given)?
African Names: (Mc-Mz)
What case law exists filling (or failing to fill) the gap in the Succession Act left by Law Advocacy for Women in Uganda v. Attorney General, Nos 13/05, 05/06 Const. Ct. of Uganda 2007 (i.e., how are courts currently ordering Administrator's to divide intestate estates)? NOTE This is a difficult topic - If you are unable to make any progress on this topic you can state as much at the beginning of the memo and then you can address any of the other memo topics that you like. Your statement at the beginning should describe the efforts you made to research the issue.
African Names: (Na-Nh)
What case law exists imposing penalties (or failing to impose penalties) on Administrators/Executors who fail to fulfill their statutory duties within the requisite one year of administration/execution?
African Names (Ni-R)
Have any suits been successfully lodged against the Administrator General's office for failure to fulfill statutory duties of an administrator (i.e., for obtaining permission to administrate, and then refusing to do so)?
African Names: (S-Z)
What legal remedies are available under Ugandan law to force the Administrator General to take action. What are the procedures and requirements involved in procuring such remedies.
Note that your memo should be from 4 to 7 pages in length. Your memo must be submitted by email to dbriandennison@gmail.com by 11:59 p.m. East Africa Time on Tuesday, 24 April, 2012. Earlier submission are appreciated as our clinical partners who provided us with these research assignments can use these memos as soon as they are ready.
Note that you cannot presume that I have received your memo via email unless I send you a confirmation email. If you do not receive a confirmation email within two days of sending you should check to see if I received the email and check the address you used for accuracy.
Your memo should be clear and informative. It should provide an accurate and current assessment of the law regarding the memo topic. It should include citations to authority. If the memo relies on a case or opinion that is not readily available on the internet you should provide a way in which this document can be provided to the clinical partner. My recommendation is that you provide Mirriam with a copy of the document.
Note that the assignments below do not apply to Joni & Friends Team Members. Those team members have already been provided with assignments.
For LDC Team Members you can write your memo on the following topic: What were the most important developments in (insert here one of the LDC topic areas other than Legal Methods) in Uganda since 1 January, 2011.
For all other students you are to write on the topic that correlates with the first letter of your African name. If you have two African names you can pick which name you would like to go with. That is a special advantage for those with two African names.
Switching Topics: Note that you also have the power to switch topics with a student if that student’s name lines up with a memo topic that you would prefer to write on. If that is the case you need to indicate at the beginning of your memo who you have switched with. The idea here is to make sure I get a good distribution of research in order to best serve the partners who provided us with these assignments.
African Names (Aa-Am):
Consider the following factual scenario -- Mother of child is mentally disabled such that the mother thinks she is a child, is unable to care for herself, and is unable to care for a child. Legal question -- How can this mother be declared mentally incompetent, and how does such a finder affect the ability of the child to be legally deemed an orphan. In other words, what is the legal process for getting a sole caregiver of a child declared to be unfit to care for the child, and what are the legal consequences on parental rights of such a declaration.
African Names (An-Az):
Write a memo clearly delineating the criminal procedural path that an adult and/or juvenile travels from the time of arrest until trial. Include in this memo all of the relevant time limitations for the various stages as prescribed by Ugandan law.
African Names (Ba-Bz):
Address the likely constitutional challenges to the component in the pending Anti-Homosexuality bill regarding the obligation to report the homosexual conduct of others.
African Names (D-J):
Draft a working guide to bail in Uganda providing a description of the procedures, limitations, and requirements for obtaining bail for both juveniles and adults.
African Names (Ka):
Draft a memo addressing the legal issues involved when one record/videotape conversations without informing one or more of the parties to the conversation? Under what circumstances is it legal? Under what circumstances is it illegal?
African Names (Kb-Kz):
Draft a memo addressing the evidentiary admissibility of undercover audio/video recordings in a criminal and civil hearing? To the extent that it is admissible what evidentiary weight is it given and are there any special procedural and evidentiary concerns that counsel should be aware of when attempting to use such evidence?
African Names (L-Mb)
Are admissions against interest made to non-police officers admissible against criminal defendants (and what evidentiary weight are they given)?
African Names: (Mc-Mz)
What case law exists filling (or failing to fill) the gap in the Succession Act left by Law Advocacy for Women in Uganda v. Attorney General, Nos 13/05, 05/06 Const. Ct. of Uganda 2007 (i.e., how are courts currently ordering Administrator's to divide intestate estates)? NOTE This is a difficult topic - If you are unable to make any progress on this topic you can state as much at the beginning of the memo and then you can address any of the other memo topics that you like. Your statement at the beginning should describe the efforts you made to research the issue.
African Names: (Na-Nh)
What case law exists imposing penalties (or failing to impose penalties) on Administrators/Executors who fail to fulfill their statutory duties within the requisite one year of administration/execution?
African Names (Ni-R)
Have any suits been successfully lodged against the Administrator General's office for failure to fulfill statutory duties of an administrator (i.e., for obtaining permission to administrate, and then refusing to do so)?
African Names: (S-Z)
What legal remedies are available under Ugandan law to force the Administrator General to take action. What are the procedures and requirements involved in procuring such remedies.
Monday, February 20, 2012
Clinical Legal Education 2 January Semester 2012: Specifications for the Legal Brief Assignment
Specifications of the Legal Brief Assignment
You have the right to register to argue either side of this argument until the slots for one side are full. You are to register with a teammate.
This problem is subject to revision. A supplement to this problem will be issued if deemed necessary to make corrections or to respond to questions or concerns raised by the problem in its current form.
The brief shall consist of a
1) Title page;
2) Table of Authorities;
3) Statement of Facts and Proceedings (not to exceed 3 pages in length);
4) Legal Argument (including a “Conclusion”); and
5) Prayer for Relief (no more than one page).
The legal argument should make up a majority of the brief.
The brief must be typed, and double-spaced. The minimum font size is 12 point Times New Roman or Courier font.
The legal argument section may not exceed 30 pages. The entire brief may not exceed 40 pages in length.
You may choose to cite from any jurisdiction in the world. However, you should realise that Ugandan law is most persuasive and you should be careful to only emphasise outside authorities that are likely to resonate with a Ugandan Court.
You should break the body of your brief up into four substantive sections to match the four issues presented in the problem above. Each team member is to take primary responsibility for two of the four substantive sections. The team member should include his or her name in parenthesis at the heading of each section for which that team member is taking primary responsibility.
The team members will be responsible for arguing the substantive sections that they take primary responsibility for briefing in the oral argument.
The written briefs must be submitted by midnight the evening of Friday, 9 March, 2012. Unlike prior instances, late filing will result in a reduction in your grade. No excuses will be accepted for late filed briefs. Your score will be reduced by 3 marks (out of a possible 40 marks) for each day after the deadline that passes prior to filing the brief. If a teammate has caused you to unable to file your brief timely you may file your own materials without your teammates section. This is not preferred but it is permitted in order to prevent you from being penalized by a derelict team member.
You have the right to register to argue either side of this argument until the slots for one side are full. You are to register with a teammate.
This problem is subject to revision. A supplement to this problem will be issued if deemed necessary to make corrections or to respond to questions or concerns raised by the problem in its current form.
The brief shall consist of a
1) Title page;
2) Table of Authorities;
3) Statement of Facts and Proceedings (not to exceed 3 pages in length);
4) Legal Argument (including a “Conclusion”); and
5) Prayer for Relief (no more than one page).
The legal argument should make up a majority of the brief.
The brief must be typed, and double-spaced. The minimum font size is 12 point Times New Roman or Courier font.
The legal argument section may not exceed 30 pages. The entire brief may not exceed 40 pages in length.
You may choose to cite from any jurisdiction in the world. However, you should realise that Ugandan law is most persuasive and you should be careful to only emphasise outside authorities that are likely to resonate with a Ugandan Court.
You should break the body of your brief up into four substantive sections to match the four issues presented in the problem above. Each team member is to take primary responsibility for two of the four substantive sections. The team member should include his or her name in parenthesis at the heading of each section for which that team member is taking primary responsibility.
The team members will be responsible for arguing the substantive sections that they take primary responsibility for briefing in the oral argument.
The written briefs must be submitted by midnight the evening of Friday, 9 March, 2012. Unlike prior instances, late filing will result in a reduction in your grade. No excuses will be accepted for late filed briefs. Your score will be reduced by 3 marks (out of a possible 40 marks) for each day after the deadline that passes prior to filing the brief. If a teammate has caused you to unable to file your brief timely you may file your own materials without your teammates section. This is not preferred but it is permitted in order to prevent you from being penalized by a derelict team member.
Monday, January 23, 2012
Revised Moot and Briefing Problem as of 23 January, 2012
For a link to a pdf version of the problem go THE LINK HERE
2012 Clinical Moot Problem
This Moot Problem takes place in January of 2016 on the eve of elections in Uganda.
This Moot Problem concerns a Constitutional challenge to the Fair and Safe Election Act.
The Fair and Safe Election Act is a controversial piece of legislation that was passed for the purported purpose of ensuring public safety and public order during the 2016 Election Period. A full version of the Act is included as Appendix A to this Moot Problem.
The Fair and Safe Election Act has been passed by Parliament and formally assented to by the President. However, the Fair and Safe Election Act has yet to be implemented. According to the express terms of the Act it is only effective during the upcoming Ugandan Election Period. The Act defines the Election Period as 1 February, 2016 through 1 March, 2016.
Procedural Posture
The Moot case concerns a Constitutional Petition filed in the Constitutional Court of Uganda.
The Petition has been properly brought under Article 137(3) of the Constitution of the Republic of Uganda. There are no factual issues in dispute. This instant matter solely concerns the constitutionality of the provisions of the Fair and Safe Election Act.
The Parties
The original Petitioner in this case is Fourth Estate Uganda. Fourth Estate Uganda is a properly registered Non-Government Organisation in Uganda dedicated to freedom of the press and freedom of expression. Fourth Estate Uganda has been joined by several other petitioners in this case including newspapers, television stations, radio stations, newspaper editors, television news anchors and radio personalities. The Respondent in this case is the State of Uganda represented by the Office of the Attorney General.
Issues Presented
The Constitutional Court of Uganda reviewed the pleadings in the case and conducted a pre-hearing conference. At the pre-hearing conference the Constitutional Court advised the parties to address four issues by written brief and later by oral argument. The oral argument will take place on the morning of 31 January, 2016. The issues that the Constitutional Court requests briefing and oral argument are as follows:
1. Whether or not the political question doctrine strips this Court of the power to subject the Fair and Safe Election Act to judicial review.
2. Whether or not the Fair and Safe Election violates any Constitutional protection afforded to freedom of speech, freedom of expression, freedom of association or freedom of the press.
3. Whether or not the Fair and Safe Election Act violates the any Constitutional right to a fair hearing, the right to appeal or the right of habeas corpus.
4. Whether corporations in Uganda are entitled to Constitutional protections in the context of speech and political action; and if so, whether the Fair and Safe Election Act violates any such rights to which corporations are arguably entitled.
The Petitioners and Respondents should limit their arguments to the points delineated by the Constitutional Court.
Exhibit A:
THE FAIR AND SAFE ELECTION ACT, 2016
Having noted a substantial risk of violence and unrest during elections on the African Continent, and aware of an increasing tendency among members of the media to incite tension and through the publication of harmful and reckless reports, we the members of Parliament enact The Safe and Fair Election Act. This Act is intended to ensure public safety and public order during the 2016 Election Period.
DATE OF ASSENT: 4 January, 2016
Date of Commencement: 1 February, 2016
BE IT ENACTED by Parliament as follows:
1. Short Title
This Act may be cited at the Fair and Safe Election Act, 2016 and shall be deemed to come into force on the 1st day of February, 2016 and will cease to be in force at the conclusion of the 2016 Election Period.
2. This Act Expressly Concerns a Political Question
The purpose of this Act is to ensure public safety and public order during the 2016 Election Period. In that sense, this act concerns a purely political question that removes it from the purview of judicial review.
3. The Election Period
The 2016 Election Period begins on 1 February, 2016 and concludes on 1 March, 2016.
4. Designation Power of the Electoral Commission
During the 2016 Election Period, the Electoral Commission has the legal authority to designate individuals and corporate entities as having acted in a manner detrimental to the election process. In making this determination the Election Commission can only consider the actions of individuals and corporate entities during the Election Period.
5. Grounds of Designation as Detrimental to the Electoral Process
The Electoral Commission may designate individuals or corporate entities as detrimental to the electoral process under the following circumstances:
a. The Electoral Commission finds that the individual or corporate entity has issued a report or published a statement that has the potential to impact public safety or public order in a negative manner during the Election Period.
b. The Electoral Commission finds that an individual or corporate entity issues a false report or false statement that is likely to impact public perceptions that are relevant to the 2016 Election.
6. The Right to a Hearing
If the Electoral Commission initially designates an individual or corporate entity as having acted in a manner detrimental to the electoral process, the subject individual or corporate entity will receive notice of hearing. This hearing will be conducted before an appointed representative of the Electoral Service Commission. At this hearing the subject individual or corporate entity shall have the burden to affirmatively refute the initial designation of the Electoral Commission. The subject individual or corporate entity has the right to appear at this hearing. In most instances the hearing must take place within 10 days of a preliminary determination by the Election Commission. However, in the case of internment of an individual, the hearing shall take place within 48 hours of internment.
7. Prohibition Against Public Comment During Pendency of Hearing
Once the Electoral Commission makes a preliminary designation that a person or corporate entity has acted in a manner detrimental to the election process, the subject individual or corporate entity is prohibited from making any public statement, report or comment until the conclusion of the hearing provided for under Section 6 of this Act. This prohibition shall continue until the conclusion of the Election Period unless the subject person or corporate entity successfully refutes the preliminary designation at the hearing or at any subsequent appeal.
8. Preventative Accommodation and Preventative Management
If the representative of the Electoral Commission designates an individual or corporate entity as having acted in a manner detrimental to the election process the following actions may be taken:
a. If the detrimental act was committed by an individual, that individual may be interned at the Speke Resort until the conclusion of the Election Period. During internment that individual will be barred from communicating with anyone other than the staff of the Speke resort, legal counsel and immediate family members. Internment can case place prior to conducting a hearing under Section 6 of this Act.
b. If the improper act was committed by a corporate entity all physical property of that corporate entity or any subsidiary or sister entity will be seized by the Uganda Election Commission for the duration of the Election Period. Seizure can case place prior to conducting a hearing under Section 6 of this Act.
9. Right to File for Reconsideration
Any party that is aggrieved by a decision by the Electoral Commission has the right to file for reconsideration. The Electoral Commission has up to fifteen days to render a decision from the time a motion for reconsideration is filed. The right to file a motion for reconsideration is deemed to be a remedy that must be exhausted prior to appealing any decision by the Electoral Commission. All parties that disagree with any determination by the Electoral Commission have the right to appeal that decision to the High Court after exhausting the all other remedies available before the Electoral Commission.
10. Appeals of the Designations of the Electoral Commission
All parties that object to the final determination of the Electoral Commission have the right to appeal that decision to the High Court.
11. Right to Habeas Corpus Will Not Apply
Designated agitators and instigators will be interned and not be incarcerated. Therefore, such individuals have no right to habeas corpus. In addition, to the extent that habeas corpus would apply it is hereby suspended through this Act of Parliament and assent of the President during the Election Period in order to insure public safety and public order.
2012 Clinical Moot Problem
This Moot Problem takes place in January of 2016 on the eve of elections in Uganda.
This Moot Problem concerns a Constitutional challenge to the Fair and Safe Election Act.
The Fair and Safe Election Act is a controversial piece of legislation that was passed for the purported purpose of ensuring public safety and public order during the 2016 Election Period. A full version of the Act is included as Appendix A to this Moot Problem.
The Fair and Safe Election Act has been passed by Parliament and formally assented to by the President. However, the Fair and Safe Election Act has yet to be implemented. According to the express terms of the Act it is only effective during the upcoming Ugandan Election Period. The Act defines the Election Period as 1 February, 2016 through 1 March, 2016.
Procedural Posture
The Moot case concerns a Constitutional Petition filed in the Constitutional Court of Uganda.
The Petition has been properly brought under Article 137(3) of the Constitution of the Republic of Uganda. There are no factual issues in dispute. This instant matter solely concerns the constitutionality of the provisions of the Fair and Safe Election Act.
The Parties
The original Petitioner in this case is Fourth Estate Uganda. Fourth Estate Uganda is a properly registered Non-Government Organisation in Uganda dedicated to freedom of the press and freedom of expression. Fourth Estate Uganda has been joined by several other petitioners in this case including newspapers, television stations, radio stations, newspaper editors, television news anchors and radio personalities. The Respondent in this case is the State of Uganda represented by the Office of the Attorney General.
Issues Presented
The Constitutional Court of Uganda reviewed the pleadings in the case and conducted a pre-hearing conference. At the pre-hearing conference the Constitutional Court advised the parties to address four issues by written brief and later by oral argument. The oral argument will take place on the morning of 31 January, 2016. The issues that the Constitutional Court requests briefing and oral argument are as follows:
1. Whether or not the political question doctrine strips this Court of the power to subject the Fair and Safe Election Act to judicial review.
2. Whether or not the Fair and Safe Election violates any Constitutional protection afforded to freedom of speech, freedom of expression, freedom of association or freedom of the press.
3. Whether or not the Fair and Safe Election Act violates the any Constitutional right to a fair hearing, the right to appeal or the right of habeas corpus.
4. Whether corporations in Uganda are entitled to Constitutional protections in the context of speech and political action; and if so, whether the Fair and Safe Election Act violates any such rights to which corporations are arguably entitled.
The Petitioners and Respondents should limit their arguments to the points delineated by the Constitutional Court.
Exhibit A:
THE FAIR AND SAFE ELECTION ACT, 2016
Having noted a substantial risk of violence and unrest during elections on the African Continent, and aware of an increasing tendency among members of the media to incite tension and through the publication of harmful and reckless reports, we the members of Parliament enact The Safe and Fair Election Act. This Act is intended to ensure public safety and public order during the 2016 Election Period.
DATE OF ASSENT: 4 January, 2016
Date of Commencement: 1 February, 2016
BE IT ENACTED by Parliament as follows:
1. Short Title
This Act may be cited at the Fair and Safe Election Act, 2016 and shall be deemed to come into force on the 1st day of February, 2016 and will cease to be in force at the conclusion of the 2016 Election Period.
2. This Act Expressly Concerns a Political Question
The purpose of this Act is to ensure public safety and public order during the 2016 Election Period. In that sense, this act concerns a purely political question that removes it from the purview of judicial review.
3. The Election Period
The 2016 Election Period begins on 1 February, 2016 and concludes on 1 March, 2016.
4. Designation Power of the Electoral Commission
During the 2016 Election Period, the Electoral Commission has the legal authority to designate individuals and corporate entities as having acted in a manner detrimental to the election process. In making this determination the Election Commission can only consider the actions of individuals and corporate entities during the Election Period.
5. Grounds of Designation as Detrimental to the Electoral Process
The Electoral Commission may designate individuals or corporate entities as detrimental to the electoral process under the following circumstances:
a. The Electoral Commission finds that the individual or corporate entity has issued a report or published a statement that has the potential to impact public safety or public order in a negative manner during the Election Period.
b. The Electoral Commission finds that an individual or corporate entity issues a false report or false statement that is likely to impact public perceptions that are relevant to the 2016 Election.
6. The Right to a Hearing
If the Electoral Commission initially designates an individual or corporate entity as having acted in a manner detrimental to the electoral process, the subject individual or corporate entity will receive notice of hearing. This hearing will be conducted before an appointed representative of the Electoral Service Commission. At this hearing the subject individual or corporate entity shall have the burden to affirmatively refute the initial designation of the Electoral Commission. The subject individual or corporate entity has the right to appear at this hearing. In most instances the hearing must take place within 10 days of a preliminary determination by the Election Commission. However, in the case of internment of an individual, the hearing shall take place within 48 hours of internment.
7. Prohibition Against Public Comment During Pendency of Hearing
Once the Electoral Commission makes a preliminary designation that a person or corporate entity has acted in a manner detrimental to the election process, the subject individual or corporate entity is prohibited from making any public statement, report or comment until the conclusion of the hearing provided for under Section 6 of this Act. This prohibition shall continue until the conclusion of the Election Period unless the subject person or corporate entity successfully refutes the preliminary designation at the hearing or at any subsequent appeal.
8. Preventative Accommodation and Preventative Management
If the representative of the Electoral Commission designates an individual or corporate entity as having acted in a manner detrimental to the election process the following actions may be taken:
a. If the detrimental act was committed by an individual, that individual may be interned at the Speke Resort until the conclusion of the Election Period. During internment that individual will be barred from communicating with anyone other than the staff of the Speke resort, legal counsel and immediate family members. Internment can case place prior to conducting a hearing under Section 6 of this Act.
b. If the improper act was committed by a corporate entity all physical property of that corporate entity or any subsidiary or sister entity will be seized by the Uganda Election Commission for the duration of the Election Period. Seizure can case place prior to conducting a hearing under Section 6 of this Act.
9. Right to File for Reconsideration
Any party that is aggrieved by a decision by the Electoral Commission has the right to file for reconsideration. The Electoral Commission has up to fifteen days to render a decision from the time a motion for reconsideration is filed. The right to file a motion for reconsideration is deemed to be a remedy that must be exhausted prior to appealing any decision by the Electoral Commission. All parties that disagree with any determination by the Electoral Commission have the right to appeal that decision to the High Court after exhausting the all other remedies available before the Electoral Commission.
10. Appeals of the Designations of the Electoral Commission
All parties that object to the final determination of the Electoral Commission have the right to appeal that decision to the High Court.
11. Right to Habeas Corpus Will Not Apply
Designated agitators and instigators will be interned and not be incarcerated. Therefore, such individuals have no right to habeas corpus. In addition, to the extent that habeas corpus would apply it is hereby suspended through this Act of Parliament and assent of the President during the Election Period in order to insure public safety and public order.
Wednesday, January 18, 2012
Wednesday, January 11, 2012
Link to Syllabus (Reading List) for CLE 2 January 2012
Here is the link for the syllabus (a.k.a. "Reading List") for Clinical Legal Education II, January Semester 2012:
Link
Link
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