Lawyers, students sue Govt over cost of accessing revised laws

Some of the Petitioners at the Civil Division of the High Court.

Kampala, Uganda | THE INDEPENDENT | A group of 13 public interest litigants, led by Lawyer Amos Kuuku, has petitioned the Civil Division of the High Court in Kampala, challenging the decision to charge fees for accessing the 7th Revised Edition of the Principal Laws of Uganda.

The petitioners include Harry Mwesigwa, Marvin Nuwe Ahereza, Eron Mirembe, Ivan Bwire Ogoya, Emily Noelin Binega, Faridah Badru Chelangat, Alexander Tamira, Mark Ssemakula, Edmund Ayesigwa, Felix Olindi Onan, Mathew Asasira, and Catherine Nakibuuka. They are students pursuing Bachelor of Laws degrees and Post Graduate Diplomas at the Law Development Centre.

In their case, filed on Tuesday, the group argues that charging fees for the 7th Revised Edition of the Principal Laws of Uganda, launched on June 27, 2024, and effective from July 1, 2024, is unconstitutional and illegal. The petitioners criticize the Uganda Law Reform Commission and the Attorney General for rushing the launch of the revised edition and claim that the fees are excessive.

Current pricing for hard copies is 2.5 million Shillings. Alternatively, access through a subscription-based online app and portal on the Uganda Law Reform Commission website costs 5,000 Shillings per day, 50,000 Shillings per month, 500,000 Shillings per year, and 10 million Shillings for the Platinum package.

The petitioners also argue that the revision has made previous editions obsolete and that the Uganda Law Reform Commission has failed to provide the 7th Revised Edition in braille for individuals with visual impairments. Catherine Nakibuuka and Mathew Asasira, who are visually impaired law students, find it challenging to access the new laws due to compatibility issues with their assistive technology.

The applicants are concerned that charging for access to public statutes contradicts the “Government Edicts Doctrine,” which holds that laws should not be copyrighted or restricted. They argue that such commercial restrictions disproportionately affect small law firms, researchers, students, and marginalized communities.

They seek to quash the decision to charge for the 7th Revised Edition and require the Uganda Law Reform Commission to publish it online for free. They also want the edition provided in braille format at no charge and hard copies to be offered to approved law firms, legal practitioners, legal aid service providers, and academic institutions at reduced costs.

The matter is pending assignment to a judge for hearing and the filing of defense by the Uganda Law Reform Commission and the Attorney General.

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