The Narcotic Drugs and Psychotropic Substances (Control) Act, 2015, which prohibited the sale and use of several narcotic drugs in the country, was repealed by Uganda’s constitutional court on Friday.
This follows a court petition filed in 2017 by farmers growing miraa (khat) through their umbrella organization, Wakiso Miraa Growers and Dealers Association Limited.
The farmers were seeking to overturn a parliamentary decision to prohibit the sale and use of miraa, which they claimed violated the laws of legality, equality, rationality, and proportionality because they were never consulted.
Farmers also disputed how the law prohibited crop cultivation, possession, consumption, sale, purchase, warehousing, distribution, transportation, exportation, importation, and other transactions.
They claimed that this decision was not supported by any scientific or other evidence.
A panel of five judges at the court overturned the law on a technicality, ruling that the way it was enacted was illegal and that repealing it was the only option due to parliamentary rules of procedure requiring a quorum before any bill is passed.
“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, contrary to articles 88 and 89 of the constitution. Rule 23 of the Rules of Procedure of the 9th parliament, 2012 made, pursuant to articles 88 and 94 of the constitution,” Uganda’s Justice Muzamiru ruled.
