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Why Mabirizi can win age limit case in Supreme Court

City Lawyer Male Mabirizi has last week shocked the Supreme Court and Uganda at large when he appealed against the decision of the Supreme Court that upheld Constitutional Court ruling.

The decision removed the age limit from the constitution paving way for president Yoweri Kaguta Museveni to contest again in the next general election.

With the ruling seems dusted many Ugandans have been asking themselves if Mabirizi is having any chance of winning or if Supreme Court has ever reversed it ruling. Here is the answer;

It is always possible, but for the reversal to be authoritative, it has to be overturned by the Supreme Court itself (usually much later when different justices are part of the court).

The most famous example would probably be Plessy V. Fergusson in 1896, which was effectively overturned by the decision in Brown V. Board of Education of Topeka in 1954.

You probably learned about both in history class, but to recap, in Plessy, a black man was arrested for using whites-only accommodations on a train in Louisianna. He sued under the 14th amendment because, ya know, he had read it, but the court ruled that the government can segregate by race so long as the accommodations are more or less comparable. The whole idea of “separate but equal” arose from that decision.

Fast-forward 60 years, and some black children wanted to go to a public school that was for whites only. They took it to the Supreme Court. This time, the court ruled (unanimously) that separate but equal was not sufficient, and that the 14th amendment meant that the government could not segregate based on race. So, the children were allowed to go to the school.

Of course, one could argue that people have lost the meaning and intent of Brown V. Board of Education and now think that the government has to force racial integration in schools instead of simply allowing it, but that’s another story.

It is important to note the above decision was made in US court and in Uganda or Africa, Mabirizi is out to set record if he ever succeed.

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