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The Constitutional Court of Uganda has dismissed Faridah Nakazibwe’s petition against Red Pepper Publications, denying her a chance to redeem from the publication over Shs 45 million that was awarded to her by a Uganda Media Council decision back in 2018.
The case stems from a complaint lodged by Nakazibwe, against Red Pepper and its defunct sister publication, Hello!, over a series of 38 articles that she claimed defamed and invaded her privacy.
The articles, published between December 2015 and June 2016, focused heavily on Nakazibwe’s alleged relationship with Hajji Musa Kigongo, the NRM vice chairman.
Nakazibwe argued that the publications caused her emotional distress, torture, and degrading treatment.
The Media Council, after reviewing the complaint, ruled in her favour, ordering Red Pepper to pay her Shs 45 million in damages for publishing falsehoods.
However, Red Pepper Publications challenged this decision in the High Court, which led to Nakazibwe's appeal to the Constitutional Court.
Constitutional Court's Ruling
On March 12, 2025, the Constitutional Court, in a majority decision, dismissed Nakazibwe’s petition with no costs.
Nakazibwe, through her lawyers had argued that the Attorney General, who had represented the Media Council in the original proceedings, should not have been held liable in this case.
She further contended that the Media Council’s Disciplinary Committee, which had ruled against Red Pepper, was a subordinate court and, therefore, its decisions could not be subject to judicial review under the Judicature (Judicial Review) Rules of 2009.
In its ruling, the Constitutional Court, led by Justice Geoffrey Kiryabwire, affirmed that the Disciplinary Committee is not a subordinate court but an administrative body, and thus, its decisions could be judicially reviewed.
The Court further rejected the petitioner’s argument that the rules on judicial review were unconstitutional for not being tabled before Parliament, stating that the Disciplinary Committee’s role was clearly defined in the Press and Journalists Act, where it functions as an administrative tribunal.
Red Pepper had initially sought judicial review after the Media Council’s decision, arguing that it had not violated any media regulations.