Religious leaders drag government to court for locking places of worship

City pastor Wisdom Peter Katumba of Christ Fellowship Limited and Imam Bbaale Muhammad of Masjid Taqwa, Kabowa, in Rubaga division Kampala have dragged government to court for declining to re-open places of worship even after partial lift of the lockdown.

President Museveni in his address to the nation last week issued new directives allowing public places such as shopping malls, Kikuubo business center, arcades, markets, public transport with 50% passengers, salons to resume operations.

The president deferred the reopening of places of worship terming them as high risk areas for contracting the virus, and promised to consult with the ministry of Health and the Inter-Religious Council on the way forward.

Whereas these places of worship were advised to resort to online worship services until the next review, the duo claim this can only be accessed by a handful of their followers who have access to internet services.

Through their lawyers Kakuru and Co. Advocates, the religious leaders argue that the continued closure of places of worship infringes on people’s rights to worship.

Bbaale contends that according to the Islamic faith, performance of the five daily prayers from the mosque is the second fundamental pillar of Islam that defines Islam as a religion and without it, Islam as a religion is disrupted.

He noted after the closure of all places of worship, it became impossible for all the Moslem men in his community to hold their Swalah (prayers) in the mosque and in accordance to the Islamic beliefs and practices.

Equally, Katumba noted it also became practically impossible to perform the fundamental tenets associated with the practice and manifestation of their faith such as congregational prayers and laying on of hands for the sick to receive healing.

They argued that Ministry of Health alongside the national Covid-19 task force last year came up with the Standard Operating Procedures (SOPs) for the reopening of places of worship in a bid to curb the spread of Covid-19 and these places were allowed to be opened subject to the implementation of SOPs.

Bbaale and Katumba want court to declare that every individual, regardless of age, has a right to practice and manifest any religion as guaranteed under the Constitution.

"A declaration that the recurrent closure, ban and or suspension of places of worship by the Respondents is unjust, arbitrary, disproportionate, discriminatory, unjustifiable and constitutes a violation of the applicants' right to practice, manifest, enjoy, profess, maintain and promote their religion guaranteed under articles, 20, 21, 29, 37 and 43 of the Constitution of Uganda,”read the affidavit signed by the duo.

They want court to declare that the Standard Operating Procedures (SOPs) enacted and enforced by the respondents on the reopening of religious places of worship are unjust, arbitrary, disproportionate, discriminatory and violate the fundamental rights to practice and manifest religion and beliefs guaranteed under articles 20, 21, 29, and 43 of the Constitution of Uganda.