Uganda’s Constitutional Court has declared unconstitutional a provision of the Penal Code Act that criminalises conduct described as “molesting the modesty of a woman”, ruling that it is discriminatory.

The court has directed the Attorney General to table an amendment Bill in Parliament within 12 months of the judgment to address the provision.

In a separate ruling, the court nullified Section 42 of the Magistrates Courts Act, which provides for private prosecutions.

The court found that the provision improperly allows magistrates to conduct investigations, draw charge sheets and subsequently preside over the same cases, raising concerns about the separation of judicial functions.

The Attorney General has been directed to propose amendments allowing private prosecution charges to be drawn by either the complainant or the Director of Public Prosecutions (DPP).

The rulings require legislative amendments to bring the two provisions into compliance with the Constitution.