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The Narcotic Drugs and Psychotropic Substances (Control) Act, 2015, which among other things forbade the sale and use of various narcotic drugs in the nation, has been abolished by the Constitutional Court in Kampala.

“In the premises, I would declare the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 null and void for lack of quorum on the part of parliament in violation of articles 88 and 89 of the Constitution and rule 23 of the Rules of Procedure of the 9th parliament, made, in accordance with articles 88 and 94 of the Constitution,” Justice Muzamiru Mutangula Kibeedi stated in a lead judgment.

The ruling came as a result of a petition filed by Miraa farmers challenging the statute that classified the crop as a narcotic drug and, as a result, prohibited it in the country. The farmers of the crop filed a petition with the Constitutional Court in 2017 through their umbrella organization, Wakiso Miraa Growers and Dealers Association Ltd. They asked for the decision of parliament to be overturned because they claimed it violated the legality, equality, rationality, and proportionality principles guaranteed by the constitution because they were never consulted.

The sellers of ‘mairungi’ also claimed that they were wronged by the law’s attempt to outlaw the cultivation, possession, consumption, sale, purchase, warehousing, distribution, transportation, exportation, and other trades in the crop, claiming that this decision was unsupported by any scientific or other types of evidence.

The Constitutional Court declared on Friday 31st April 2023, that the entire statute was enacted illegally and that the only solution was to remove it.

The rules of procedure in parliament require a quorum before any bill is passed, according to the panel of five justices, which includes the Deputy Chief Justice, Richard Buteera, Justice Stephen Musota, Justice Muzamiru Mutangula Kibeedi, Justice Irene Mulyagonja, and Justice Monica K. Mugyenyi. They also specify what constitutes a quorum and the speaker’s duty to confirm its presence.

“At the voting stage, the bill needs to receive a certain number of votes in order to be approved. The Constitution’s Article 89(1) specifies the minimum number of votes. They consist majority of the quorum.”

As a result, the Constitutional Court’s justices find that any statute approved without the steps being taken is invalid.

“I have already proven from the evidence previously presented in this court that the speaker did not determine the quorum as required by rule 23(3) of the rules of procedure of the 9th parliament, 2012, as required by the speaker. Justice Kibeedi declared, I have also found that the evidence before the court supported the petitioners’ assertion that there was no quorum present at the time the bill was passed for the enactment of the act.”

Repealing the Law.

Since the provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act, 2015 that prohibited dealing in miraa were not handled by parliament separately from the other provisions, Justice Kibeedi decided it was only prudent to repeal the entire act.

He concluded, “As such, there is nothing about the impugned act to be saved,” before declaring the law unconstitutional and awarding the petitioner costs.

The petitioners’ chairman, Kizito Vincent, of the Wakiso Miraa Growers and Dealers Association Ltd., commented on the ruling and hailed it as a significant success.

“This is a big victory for a Ugandan farmer dealing in miraa. Previously our members have been arrested, businesses destroyed, and many others lost property. Following the enactment of the law, our businesses crippled as we could no longer export and sell freely yet we have enough scientific research to prove that miraa is not dangerous,” Kizito said.

“The research we have done shows miraa is food and medicine. Many of our members have been able to educate children and build houses out of the sale and dealing in miraa but this had been ignored by government when it came up with this law.” Kizito said.

He stated that they are prepared to collaborate with the government to facilitate the simplification of their operations.