Govt sued for putting law books behind paywall
Uganda Law Reform Commission has been sued for allegedly subjecting access to laws of Uganda to only purchased subscription and paid-up platforms.
A group of thirteen lawyers yesterday filed a case before the High Court in Kampala challenging the Law Reform Commission's decision to venture into making revenue for the government saying it is illegal, irrational, and unreasonable.
“The decision by the respondents to make accessibility to the 7th revised edition of Laws of Uganda subject to payment amounts to copyrighting the law and restricting its access to only paid-up and purchased subscription. It is treasonous, contemptuous, an abrogation of constitutional democracy and its engineers, promoters, defenders, and advocates should be held culpable,” reads the complaint.
The Uganda Law Reform Commission was jointly sued with the Attorney General (AG) in a public interest case that seeks to compel the Commission to desist from selling the 7th edition of the Principle Laws of Uganda, which belongs to the people and that its enactment is officiated and facilitated by the people and that the government has no property in the law to be offered for sale to the public.
“Using the 7th revised edition of the Principle of Laws of Uganda to prosecute accused persons who cannot easily access the law without subscription purchase has turned out such prosecutions to be persecutions and defilement, an act of rape to democratic principles and the rule of law,” reads the complaint.
According to the complainants, the price of Shs2.5 million for the acquisition of the hard copies of the 7th Revised Edition of the Principal Law of Uganda is too expensive and unaffordable by approved small-scale law firms, accredited legal practitioners, legal service providers, and accredited academic institutions and the same need to be reduced and or subsidised.
“The general public equally paid taxes, part of which was expended by the government through the first respondent (Law Reform Commission)’s budget to have the 7th Revised Edition of the Principle Laws of Uganda published as a public good for the benefit of the general public but due to the onerous decision of making the laws only available to those that have paid, a substantial number of citizens have been deprived of the public benefit of accessing the Laws of Uganda which they are mandated to be in the know,” the lawyers claim.
It is further alleged that the government has through the budget allocated to the law reform commission expended public monies from the Consolidated Fund to have the 7th Revised Edition of the Principal Laws published as a public good but has since made the same laws it expended accessible by all its ministries and departments.
“The visionary impaired individuals have a right to access the 7th Revised Edition of the Principal Laws of Uganda in braille format that accommodates their special needs and free of any subscription fees, which was not catered for distribution of the revised edition to the public,” the lawyers state.
The lawyers are seeking court orders to declare the Law Reform Commission decision illegal and hence be quashed.
The complaining lawyers are Amos Kuuku, Harry Mwesigwa, Nuwe Ahereza Marvin, Eron Mirembe, Ivan Bwire Ogoya, Binega Emily Noelin, Faridah Chelangat Badru, Alexandar Tamira, Mark Ssemakula, Edmund Ayesigwa, Felix Olindi Onan, Mathew Asasira and Catherine Nakibuuka.
The court has summoned the AG and the Uganda Law Reform Commission to defend themselves in the case.
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