Story update: following the publication of KC Sharifah’s article, it has been announced that the Constitutional Court has rescheduled the hearing for next Wednesday (12 October 2011).
Activists were disappointed once again last week (28 September 2011) when the long awaited Petition Number 16, which campaigners are bringing against the government for failing to prevent maternal deaths, failed to be heard for the third time.
The petition argues that, by not providing essential medical commodities and services to ensure the right to health, the right to life and the rights of pregnant women, the government is violating the constitutional rights of Ugandans
Petition Number 16 was originally filed at the constitutional court on 3 March. A hearing was set for 7 July but the case was not heard due to lack of Coram [judges]. The hearing was rescheduled for 20 July, and although the correct number of Coram was reached and a panel established, the Attorney General requested more time to secure two affidavits, for which she said the state required three weeks. The hearing was rescheduled for last week but again the case has failed to be heard due to a lack of Coram.
The Court of Appeal Uganda has served a notice to the petitioners stating the case had been delisted due to lack of Coram and would be fixed for hearing “in the next convenient session”.
Lawyer Kabanda David told worried activists: “This is a constitutional requirement that the petition must be heard by five judges and they informed us that the Deputy Chief Justice is out of the country. It is unfortunate because our cause and contentions are that women are continuing to die. 16 women [die every day in childbirth] are the figures we have today, but new cases are coming up, so we expected that the court can hear this petition and come up with a judgment for purposes of remedying the situation we [face] today in Uganda.
“It is a disappointment once again because we were talking and negotiating at least to have a date in this session, it is very impossible to have another session. We shall be waiting for another date.”
The first petitioner in the case is the Centre for Health Human Rights and Development (CEHURD), the second is Professor Ben Twinomugisha. Rodah Kukiriza, the mother-in-law of Sylvia Nalubowa who died in Mityana on 19 August 2009 due to non availability of basic essential maternal commodities and the negligence of the health workers, is the third petitioner. The fourth is Inziku Valente, the husband of Anguko Jennifer who died in Arua hospital on 10 December 2010 due to non availability of essential maternal commodities, which led to the rupture of her uterus.
Around 80 percent of maternal deaths are caused by haemorrhage, sepsis, unsafe abortion, hypertensive disorders and obstructed labour. Lack of access to lifesaving HIV treatment is another major contributor to maternal death and results in high rates of mother to child transmission of HIV.
In Uganda, untreated HIV contributes to a one in four maternal deaths. Research led by the World Health Organization (WHO) has found that triple combination HIV treatment for all pregnant women would substantially reduce maternal mortality (see Trends in maternal mortality 1990-2008 WHO, UNICEF, UNFPA & World Bank).
Recently, activists called for a 2011/2012 supplementary budget to increase investments in lifesaving emergency care, health workers and medicines to end Uganda’s crisis of preventable maternal deaths. An increased investment of Uganda shillings 75 billion would fund the recruitment and retention of 5,000 additional priority workers, particularly in rural health facilities.
In recent months, the death of primary teacher Cecilia Nambozo in Mbale hospital led to reports that medics asked for 300,000 shillings in order to treat her and then refused when her husband did not pay, which lead to her death.
The massive death rate of pregnant women, who die while trying to bring life, also relates to the poor state of health centers in Uganda.
Activists waited for Judges but in vain
From Right, Mugerwa David who lost her wife in Nakaseke Hospital, a relative of Jennifer, husband to the late Jennifer Anguko of Arua, a relative and Rodah Kukiriza mother in law of the late Sylvia Nalubowa of Mityana 
The first petitioner Lawyer Kabanda David from CEHURD of Kabanda and co. Advocate answering questions from BBC Journalist after waiting for Judges and not appeared
