[Under Article 50(1), (2) of the Constitution of the Republic of Uganda, 1995 r.3(1) of the Fundamental Rights and Freedoms (Enforcement Procedure) Rules S.I. No. 26 of 1992, Order 2r.7, Order 48r.1 & 3 CPR]

TAKE NOTICE that on ………… day of ……… 2000 at O’clock in the forenoon/afternoon or so soon thereafter as he can be heard, Counsel for the Applicant will move Court for orders/declarations that;

1. A declaration that smoking in a public place in any form is illegal, unconstitutional and violative of Article 39 of the Constitution of the Republic of Uganda and S.4 of the National Environment Statute 1995;
2. A declaration that smoking in a public place is unconstitutional and violative of Article 22 of the Constitution of the Republic of Uganda.
3. A declaration that smoking in a public place constitutes an offence under S. 156 and S. 172 of Penal Code;
4. An order that the 1^st Respondent take steps to ensure the prosecution of persons committing offences under S. 156 and 172 of the Penal Code;
5. An order that the 2^nd Respondent take the necessary steps to ensure the enjoyment by the Ugandan public of their right to a clean and healthy environment;

TAKE FURTHER NOTICE that the grounds of this application are more fully set out in the affidavits of ……………………………..which shall be read and relied upon at the hearing but which briefly are;

1. Environmental tobacco smoke contains a complex combination of dangerous chemicals 40 of which are known to cause cancer;
   
2. Exposure to environmental tobacco smoke has been identified as a major risk factor for cancer and respiratory diseases.
   
3. The practice of smoking in public is widespread and completely without control;
   
4. the fundamental rights of Ugandans to their lives and to a clean and healthy environment are being infringed by the uncontrolled smoking in public;
   
5. it is just and equitable that this Honourable Court accord the redress sought by the Applicants.

Dated at Kampala this ……….day of …………. 2000

……………………………………..

COUNSEL FOR THE APPLICANT

Given under my hand and seal of this Court this ……..day of …………. 2000.

………………………..

DEPUTY REGISTRAR

3^RD FLOOR, DIAMOND TRUST BUILDING,

P.O. BOX 7166,

I, ………….. of P.O. Box …………. Kampala do take solemn oath and state as follows;

1. THAT I am the …………………..of the …………………. Applicant;
2. THAT this suit is brought on behalf of my organisation and on behalf of the members of the public under Article 50(2) of the Constitution;
3. THAT I have recently learnt of several medical reports highlighting the dangers of exposure to environmental tobacco smoke (second hand smoke);
4. THAT according to the United States Surgeon General’s report" The Health consequences of Involuntary Smoking (1986)" made the following major conclusions;

1. Involuntary smoking is a cause of disease, including lung cancer, in healthy non-smokers;
   
2. the children of parents who smoke compared with the children of non-smoking parents have an increased frequency of respiratory infections, increased respiratory symptoms, and slightly smaller rates of increase in lung functions as the lung matures;
   
3. the simple separation of smokers and non-smokers within the same air space may reduce, but does not eliminate the exposure of non-smokers to Environmental Tobacco Smoke (ETS).

1. THAT the United States Environmental Protection Agency (EPA) Report: Respiratory health effects of passive smoking: Lung cancer and other disorders in Children (1992)" made the following major conclusions.

1. that based on the weight of the available scientific evidence, exposure to ETS presents a serious and substantial health impact;
   
2. ETS is a human lung carcinogen, responsible for approximately 3,000 lung cancer deaths annually in US non-smokers;
   
3. ETS exposure is causally associated with an increased risk of lower respiratory tract infections such as bronchitis and pneumonia. 150,000 to 300,000 cases annually in infants and young children up to 18 months of age are attributed to exposure to ETS;
   
4. ETS exposure is causally associated with increased prevalence of fluid in the middle ear, symptoms of upper respiratory tract irritation, and a small but significant reduction in lung function;
   
5. ETS exposure is causally associated with additional episodes and increased severity of symptoms in children with asthma. 200,000 to 1,000,000 asthmatic children have their condition worsened by exposure to ETS;
   
6. ETS exposure is a risk factor for new cases of asthma in children who have not previously displayed symptoms;
   
7. The EPA report classifies ETS as a Group A carcinogen under EPA’s carcinogen assessment guidelines. This classification is reserved for those compounds or mixtures which have been shown to cause cancer in humans, based on studies in human populations.

1. THAT the National Health and Medical Research Council Report: "The Health Effects of Passive Smoking: A scientific information paper" concludes that:

1. Passive smoking contributes significantly to the risk of Sudden Infant Death Syndrome;
   
2. Children exposes to ETS are about 40% more likely to suffer from asthmatic symptoms than those not exposes.
   
3. About 8% of childhood asthma is attributable to passive smoking (about 46,5000 children per year).
   
4. The risk of heart attack or death from coronary heart disease is about 24% higher in people who never smoke but who live with a smoker, compared to unexposed people who never smoke.
   
5. People who never smoke and live with a smoker have a 30% increase in risk of developing lung cancer compared to people who never smoke and live with a non-smoker (leading to about 12 new cases of lung cancer and 11 deaths from lung cancer per year in people who never smoke).

1. THAT in 1997 the California Environmental Protection Agency’s (Cal-EPA) review of population based studies conducted since 1991 confirmed earlier ETS findings and determined that secondhand smoke is causally associated with a number of fatal and non-fatal health effects.
2. THAT the Cal-EPA’s report finds ETS exposure is causally linked to lung and nasal sinus cancer heart disease and sudden infant death syndrome (SIDS). The Report further found that ETS has serious impacts on children including asthma induction and exacerbation, bronchitis and pneumonia, middle ear infection, chronic respiratory symptoms and low birth weight;
3. THAT the same Cal-EPA report indicates that the chemicals present in ETS include irritants and systemic toxicants, mutagens over 50 carcinogens and reproductive and developmental toxicants;
4. THAT Ugandans have constitutional rights to life and to a clean and healthy environment which rights are being threatened by exposure to ETS from persons smoking in public places.
5. THAT the National Environment Management Authority is charged with a duty to assure all people in Uganda of the fundamental right to an environment adequate for health and well-being.
6. THAT the Penal Code makes it an offence under Section 156 of the Penal Code to do an act not authorised by law or to omit to discharge a duty and thereby cause any danger or annoyance or inconvenience to the public.
7. THAT, the Penal Code makes it an offence under S.172 for any person to voluntarily vitiate the atmosphere in any place a to make it noxious to the health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way.
8. THAT I am informed by Counsel and verily believe that a person who smokes in a public place commits offences under S. 156 and S.172 of the Penal Code.
9. THAT I verily believe that it is just and equitable that this Honourable Court accord the redress sought in this application.
10. THAT I make this affidavit in support of my aforesaid application;
11. THAT what is stated herein is true to the best of my knowledge save what is stated to be based on information which is true based on the source disclosed therein.

SWORN by the said ]

…………………………. ] ………………………..

at Kampala this ………. ] DEPONENT

day of ……….. 2000 ]

B E F O R E M E

3^RD FLOOR, DIAMOND TRUST BUILDING,

P.O. BOX 7166,

The Applicant shall rely on the affidavit of ….

1. U.S. Environmental Protection Agency Respiratory Health Effects of Passive Smoking: Lung Cancer and other Disorders. (Washington DC: Office of Research and Development December, 1992. Document No. EPA/600/6-90/0006F.
   
2. The California Environmental Protection Agency Report (1997)
   
3. The Surgeon General’s Report: The Health Consequences of Involuntary Smoking (1986)
   
4. National Research Council Report Environmental Tobacco Smoke: Measuring Exposure and Assessing Health Effects 1986

1. The Civil Procedure Act and Rules
2. The Evidence Act (Cap. 43)
3. The Constitution of the Republic of Uganda
4. Fundamental Rights and Freedoms (Enforcement Procedure) Rules S.I No. 26 of 1992)
5. The Penal Code (Cap. 106)
6. The National Environment Statute 1986
7. K. RAMAKRISHNAN –v- STATE OF KERALA: High Court of Kerala O.P No. 24160 of 1998-A.
8. ANDREA BOWLES VS. CANTON PTY
9. THE AUSTRALIAN FEDERATION OF CONSUMER ORGANISATION INC –V- TOBACCO INSTITUTE OF AUSTRALIA LTD.

Dated at Kampala this …..day of ……….. 2000.

3^RD FLOOR, DIAMOND TRUST BUILDING,

P.O. BOX 7166,