The Matovu Case became a landmark decision in Uganda and was followed in a number of jurisdictions elsewhere following a violent takeover of the Government. The rationale for the decision was that a violent revolution is a law-creating... more
The Matovu Case became a landmark decision in Uganda and was followed in a number of jurisdictions elsewhere following a violent takeover of the Government. The rationale for the decision was that a violent revolution is a law-creating act with the effect of destroying the old order and creating a new one. Thus, based on Kelsen's theory of revolutionary legality, the overthrow of the Government of which Dr. Obote was the Prime Minister and replacement of the President a title he assumed, and the introduction of a new Constitution was a revolution that validated the new Regime he established. The Lecture describes the circumstances in which the decision was made and the eventual rejection of the Matovu precedent by the 1995 Constitution that declares an unconstitutional change of Government an act of Treason. The Lecture also discusses current events elsewhere where the embrace of radical Constitutional theories has led to social unrest.
