Lawyers Mourn State brutality and death of Judicial independence

By Valerian Kkonde

PEARL NEWS SERVICE

                 Lawyers in the High Court premises. Photo by Valerian Kkonde

  Ugandan lawyers, under their umbrella association- Uganda Law Society (ULS) - on May 4, 2011 camped at the High Court premises to demonstrate against government’s continued brutality against peaceful demonstrators.

ULS also demonstrated against government’s interference with the independence of the judiciary, leading to the death of rule of law. The lawyers declared a three-day strike.

“We are here to condemn the brutality of the state and its security agencies, the wanton shootings and killings of innocent Ugandans standing up to their rights. We invite the Hon. Chief Justice, as the voice of reason, to join us,” ULS president Bruce Kyerere told the gathering.

Kyerere in particular singled out Magistrate Justine Atukwasa who, in Nabweru court, Wakiso district, refused to hear Dr. Kiiza Besigye’s bail application claiming she was too busy. Besigye is the leader of the Forum for Democratic Change (FDC), the leading opposition party.

After Easter, she was drafted onto Nakasongola court circuit- more than 100 km away to preside over the same matter. She slapped a 50 million non-cash bail on Besigye and each of the three co-accused.

A day later, she turned up in Kasangati court to again hear allegations of unlawful assembly against Dr. Besigye.

“A magistrate with multiple jurisdictions is a new phenomenon. We need answers to this,” Kyerere told the CJ amid applause from the members.

Kyerere further pointed out the magistrate’s abdication of duties to hear bail application as well as the Mengo chief magistrate’s refusal to comply with a High Court order as disturbing signs of a country that has lost direction towards rule of law and order.

“Please we need assurance from you that the institution of the judiciary is independent, sober and still in a position to administer justice,” ULS president told the CJ as the members clapped and urged the CJ to do exactly that.

Kyerere went on to fault government on refusing media houses to air live coverage of the public exercising the right to express their concern about events affecting them.

“The violation of human rights, brutal arrests of members of the public, indiscriminate shootings and use of tear gas, all tantamount to crimes against humanity. They cannot go unchallenged.

Handing over their petition to the CJ, Kyerere said that they were not taking a copy to the speaker of parliament “because the public has lost trust in the legislators. We are not taking a copy to the Executive because it is an accomplice in this brutality.”

ULS resolved to offer pro bono legal services to all those arrested during the walk to work campaigns, and to meet after to assess the situation.

“All those people are facing trivial charges and we shall offer them all the services they will require.”

Addressing the lawyers, the CJ told them not to negate their duty to fight for the independence of the judiciary without which “there is no civilized society.” He promised to be their ambassador to other stake holders.

Maintaining that the judiciary is still independent, the CJ said that the cases cited had the backing of the administration but that all errors committed will be corrected.

The CJ pointed out that evil is growing in society because good people do nothing about it. He promised that as long as he is the CJ he will always work with them to ensure the independence of the judiciary and proper administration of justice.

CJ Benjamin Odoki made a special invitation to newly elected Kampala mayor, Ssalongo Erias Lukwago. Lukwago is a renowned lawyer who has been instrumental in offering services to members of the opposition.  As the outgoing Member of Parliament for Kampala Central, he has been at the fore front of fighting for the rights of market vendors and other less advantaged groups that government wanted to trample upon.

“I want to appeal to my friend Erias Lukwago. I know you have been elected mayor and you are going to be the mayor Kampala. But please the door to my office is always open. You should always come and we talk.”

This appeal seems to have been influenced by the fact that Lukwago is counsel to Kasibante Moses whose case has left the judiciary in an awkward position. Kasibante was at first declared winner of Lubaga North constituency, by Kampala returning officer Molly Mutazindwa. He had secured 24,054 votes compared to president Museveni’s preferred Singh also known as Katongole who managed to secure 18,595 votes.

Later, Sigh secured a vote recount at a chief magistrate’s court in Mmengo before chief magistrate Philip Odoki. Lukwago secure an injunction from the high court but the chief magistrate rubbished it. The recount went ahead, in the absence of Kasibante’s lawyers, and declared Singh the winner!

During the judges’ conference in February this year, the Prime Minister Professor Apollo Nsibambi told the judges that mob justice was on the increase because the public had lost confidence in the judiciary.

On his part, the CJ called for speedy punishment of those, among their ranks, engaging in unbecoming conduct. To date, complaints about corruption in the judiciary are so rampart that justice is considered a privilege for the rich while resorting to the courts is considered wastage of time and money.

Such is the degeneration in Uganda’s judiciary, raising fears in the public about the administration of justice and the rule of law.