By Shutting Down Before Hearing, You’ve Already Passed Judgement! Pearl FM Resolved To Take UCC To Court Over ‘Blatant’ Abuse Of Power

By Spy Uganda

The Uganda Communications Commission (UCC) is facing legal scrutiny following its recent shutdown of Pearl FM, a Muslim-founded radio station.

The shutdown, which was communicated in a letter dated March 13, 2025, was reportedly based on allegations that Pearl FM, through its live program “Mpulidde Kamenya”, broadcast sensational and unsubstantiated claims regarding election-related violence and vote rigging in Kawempe North. The program, presented by Mr. Kalule Sulaiman, was deemed to have breached minimum broadcasting standards.

However, legal representatives from Mbabaali Jude & Co. Advocates have challenged the legality of this move. In a formal complaint addressed to UCC’s Executive Director, Hon. Nyombi Thembo, the firm argues that the commission acted beyond its legal mandate and violated multiple provisions of the Uganda Communications Act 2013 and the Constitution of Uganda.

Key Legal Concerns

The litigators highlighted several legal breaches, including:

1. Violation of Section 28 of the Uganda Communications Act 2013 – This section protects the right to broadcast by prohibiting censorship based on program content unless specifically authorized by law. The shutdown of Pearl FM for the content of “Mpulidde Kamenya” directly contradicts this provision.
2. Denial of Due Process – Under Article 28(1) of the Constitution of Uganda, any entity facing punitive action must first be granted a fair hearing. Pearl FM was allegedly shut down without an opportunity to defend itself, a clear violation of constitutional due process.
3. Failure to Provide Proper Notice – The Uganda Communications Act requires a written notice of at least sixty days, outlining the reasons for suspension or revocation of a license. No such notice was issued to Pearl FM before its abrupt shutdown.
4. Executive Overreach – The authority to suspend or revoke a broadcaster’s license lies solely with the UCC Board following a hearing, as per Section 5(1)(j) and Section 41 of the Act. The Executive Director lacks the unilateral power to shut down a station, rendering the decision legally questionable.

Meanwhile, The shutdown has caused distress among Muslim listeners, especially during the holy month of Ramadan. Pearl FM is known for airing religious programs, including Quranic recitations, devotional content, and the call to prayer (Azan) five times a day. The move is seen as not only a violation of broadcasting rights but also an infringement on religious freedoms.

Mbabaali Jude & Co. Advocates have urged the UCC to rescind its decision and restore Pearl FM’s broadcasting services. Failure to do so, they warn, will result in further legal action on behalf of the aggrieved parties.