While addressing media yesterday,Police spokesperson Fred Enanga emphasized that whereas the constitutional Court nullified some provisions of the Act , it was still compulsory to inform and seek permission from police for security reasons before engaging in any public gathering.
“Individuals and political groups should know that although it is a fundamental right to a peaceful assembly they also have a duty to inform the police as the requirement of section 5 ,”Enanga said.
Section 5 of POMA demanded that before organizing any public gathering the organizers should inform police about the date ,time and give details of the organizers as well as the purpose of the gathering.
While considering a criminal case against the president of opposition political party the National Unity Platform (NUP) Mr Kyagulayi Robert for having participated in demonstrations against high taxes in 2018 five justices of the Constitution Court held that the charge of disobedience of statutory duty against the protesters constituted an impermissible limitation on their right to freedom of assembly.
However their ruling held that section 5 and 10 of POMA to the extent they impose Penelope sanctions on organizers and participants in peaceful meetings including demonstrations and assemblies contravene the constitution and therefore are null and void.
This therefore implies that no one can now be criminally charged for getting involved in a peaceful demonstration without first seeking clarity from the Inspector General of Police.
Police is still in charge of streamlining public gatherings and anyone who goes against the law shall be apprehended Enanga told our media.
He further said that police have authority to regulate illegal assemblies under the Penal Code Act to disperse unlawful assemblies and riots.