Buganda Road Magistrate’s Court has suspended the State’s quest to have Makerere University researcher Dr. Stella Nyanzi undergo a mental examination.
Magistrate James Eremye Mawanda today called off hearing of the application until the Constitutional Court rules on Nyanzi’s application challenging the same issue.
Ruling on Nyanzi’s application, Eremye said his decision was made was to allow the Constitutional Court exercise its jurisdiction and resolve the question of whether the compulsory subjecting of suspects to the Mental Treatment Act enacted during colonial times is still relevant.
Court also declined to grant the State’s request seeking cancellation of Nyanzi’s bail, claiming she defied the subjudice rule by attacking Resident State Attorney, Jonathan Muwaganya, who kept turning up in court while not ready to proceed.
While the magistrate agreed Nyanzi used a ‘hard’ language against the state attorney in her Facebook posts, he also could not find the said posts to be subjudice.
Dr. Nyanzi ran to the Constitutional Court last month seeking to block to the government’s move to have her subjected to a mental status test.
She is facing charges of cybercrime and offensive communication for allegedly calling President Museveni as a ‘pair of buttocks’ on her Facebook wall.
Court adjourned to July 21.
