Attorney General Kiryowa Kiwanuka has appealed against the Constitutional Court ruling that nullified the Narcotics and Psychotropic Substances Control Act of 2016 on grounds that it was passed without the required quorum in Parliament.
In his notice of appeal, the Attorney General indicates that he is dissatisfied with the decision by the Constitutional Court delivered nullifying narcotics law.
The Attorney General has now written to Constitutional Court requesting for a certified copy of the ruling and record of proceedings to enable them to formulate grounds of appeal in the matter.
The appeal by the government arises from a 2017 successful petition filed by Wakiso Miraa Growers and Dealers Association Limited against the Attorney General.
The miraa growers in 2017 challenged the Narcotic Drugs and Psychotropic Substances Control Act for prohibiting and criminalizing the cultivation, possession, consumption, sale, distribution, transportation, and exportation of catha edulis (khat) commonly known in Uganda as miraa or mairungi by classifying it as a prohibited plant.
Parliament had put in place this law to ban several drugs including cannabis , bush cocoa, and specifically mairungi on grounds that it is a psychoactive drug that contains cathinone and cathine, a substance known for several side effects such as increased blood pressure, a state of euphoria and elation with feelings of increased alertness and arousal.
As a result, the petitioners told court that the prohibition was not backed up by any scientific evidence yet it had a disruptive effect on the livelihood, property, cultural, and social economic rights of the petitioners who are mairungi farmers, sellers, and consumers.
Through their Chairperson Vincent Kizito, the petitioners indicated that the crop should be treated as a delicacy as it is a source of their family incomes and their children’s school fees, therefore it was unconstitutional for Parliament to ban mairungi.
