The Constitutional Court of Uganda has dismissed Faridah Nakazibwe’s petition against Red Pepper Publications, effectively denying her an opportunity to claim Shs 45 million in damages that had previously been awarded by the Uganda Media Council in 2018.
Background of the Case.
The legal battle between Nakazibwe and Red Pepper stems from a series of 38 articles published between December 2015 and June 2016 by Red Pepper and its now-defunct sister publication, Hello!
The articles focused extensively on Nakazibwe’s alleged romantic relationship with Hajji Musa Kigongo, the NRM Vice Chairman. Nakazibwe argued that the reports were defamatory, invasive of her privacy, and caused her emotional distress, torture, and degrading treatment.
Following her complaint, the Uganda Media Council ruled in her favor, directing Red Pepper to pay her Shs 45 million for publishing false and misleading content. However, Red Pepper challenged this ruling in the High Court, prompting Nakazibwe to escalate the matter to the Constitutional Court.
Constitutional Court’s Ruling.
On March 12, 2025, the Constitutional Court, in a majority decision, dismissed Nakazibwe’s appeal without costs, affirming Red Pepper’s legal standing in the matter.
The ruling, delivered by Justice Geoffrey Kiryabwire, emphasized that:
- The Media Council’s Disciplinary Committee is an administrative body, not a subordinate court, meaning its decisions can be subject to judicial review.
- The Judicature (Judicial Review) Rules of 2009 are constitutional, and the Disciplinary Committee operates within the framework of the Press and Journalists Act as an administrative tribunal.
- The Attorney General, who had represented the Media Council in the earlier case, was not wrongly held liable in the appeal process.
Implications of the Ruling
This ruling sets a precedent on the scope of judicial review in media-related disputes, reinforcing that journalistic regulations can be challenged through courts.
For Nakazibwe, the verdict effectively nullifies her compensation claim, while for Red Pepper, it marks a legal victory in its long-standing defamation battle.