COVID-19 and the Law in Uganda: Development and Application of the Public Health Act to Control the Pandemic, 2020-2021

Abstract Despite the discovery of vaccines, control and prevention efforts relied on non-pharmaceutical interventions (NPIs) for the novel Coronavirus disease 2019 (COVID-19). This article describes the process of development and application of the public health law in prevention and control of the COVID-19 pandemic in Uganda.Methods: A process evaluation of Uganda’s experience with enacting COVID-19 Rules. Briefly, the Public Health Act Chapter 281 (1935) was reviewed each time there was a revision of the NPIs during the COVID-19 outbreak. The study assessed how and what rules were developed, their influence on the outbreak progress and cases of litigation. The data sources were applicable laws and policies, Presidential speeches, cabinet resolutions, statutory instruments, the COVID-19 situation reports and registry of court cases that contributed to a triangulated analysis.Results: Uganda applied four of COVID-19 broad Rules for the period March to October 2021. These Rules were amended twenty–one (21) times realigned along the pandemic curve, had an expiry period, and were preceded by Presidential pronouncements and directives. The Minister of Health enacted the Rules which were followed by response teams, enforcement agencies, and the general population. The enactment of COVID-19 Rules was necessary but not sufficient to control the pandemic, hence other laws came into play, specifically the Uganda Peoples Defense Forces Act No. 7 of 2005, the Public Finance Management Act No. 3 of 2015, and the National Policy for Disaster Preparedness and Management. Enacting COVID-19 Rules attracted specific litigation arising from perceived infringement on certain human rights provisions.Conclusions: It is possible for low-income countries to enact supportive legislation within the course of a COVID-19 outbreak. The balance of human rights infringements would be an important consideration in future studies.