Summary:

• Pastor Martin Ssempa seeks to join the Constitutional Court case defending Uganda’s Anti-Homosexuality law, expressing concern over potential negative societal impacts. He contends that his inclusion is vital alongside the Attorney General due to doubts about their stance and to uphold traditional values.

Kampala, Uganda | THE BLACK EXAMINER | Pastor Martin Ssempa of Makerere Community Church has formally requested the Constitutional Court to permit his inclusion as a respondent alongside the Attorney General in a case involving four petitions challenging the Anti-Homosexuality law. Pastor Ssempa asserts that his participation as a respondent is crucial to uphold the law, preserving traditional, moral, and cultural values supporting heterosexuality.

In his testimony before the Court, Ssempa emphasizes that his application raises significant issues that have triggered intense national discourse on religion, morality, African tradition, social harmony, and legal norms. He contends that the challenge to the Anti-Homosexuality legislation in 2014 was a cause of concern for him and millions of Ugandans who believe that unchecked homosexuality could have irredeemably negative consequences on society.

Ssempa argues that the contested legislation extends beyond national boundaries, attracting international attention and potential sanctions from Western nations. Expressing doubt in the Attorney General’s ability to solely defend the matter due to past government concessions under international pressure, Ssempa suggests a potential conflict of interest in the opinions expressed by the Attorney General and his Deputy, Kiryowa Kiwanuka and Jackson Kafuuzi, respectively.

As a defender of traditional African family values and the Christian faith, Ssempa asserts a legitimate interest in the ongoing petitions, claiming that the outcome will significantly impact family integrity, the sanctity of sexual intercourse, and children’s welfare. He stresses the existential threat faced by Uganda’s culture and values and urges the Court to adopt an all-hands-on-deck approach by adding him as a respondent.

Represented by lawyer Gawaya Tegule, Ssempa concurs with the Attorney General’s response but believes there is room for improvement and additional value. He seeks inclusion as a respondent to ensure a comprehensive and accurate adjudication of the issues at hand.

The Constitutional Court, presided over by Justice Geoffrey Kiryabwire, had earlier consolidated four petitions and 19 applications challenging the Anti-Homosexuality Law. The Attorney General’s request led to the consolidation, with various parties, including MPs, journalists, university professors, and civil society organizations, contesting the law. The Court has adjourned the matter to December 11, 2023, for further pretrial conferencing as parties continue to address legal issues. The main petition seeks, among other things, to strike down a law criminalizing what petitioners term “consensual sex among adults,” alleging infringement on constitutional personal freedoms, dignity, and hindrance in the fight against HIV/AIDS.