Judiciary Uganda: February 2015

Thursday, 26 February 2015

Uganda: Mbabazi Man Wants NRM Dissolved

A chief magistrate's court has ordered the Electoral Commission to reveal the source of money and names of funders of the ruling NRM. The order was issued by Timothy Lumunye at Nakawa on October 31, 2014 but six months down the road the EC has not complied.

The order stemmed from a case filed by Francis Atugonza (not the former mayor of Hoima and FDC supporter). Atugonza wanted to access the party's audited accounts between 2010 and 2013 from the EC. When the EC failed to act on his request last year, Atugonza took the matter to court.

According to the order, EC should provide Atugonza with information regarding the "records of contribution, donation or pledges made by the founders or promoters of NRM, statements of accounts showing sources of funds and the names of persons that have contributed [to NRM], properties belonging to the party and annual audited accounts for the period NRM has been in existence to date."

Government wins Heritage Oil case

Uganda Revenue Authority (URA) will not have to reimburse about Shs1.1 trillion to Heritage Oil after United Nations Commission on International Trade Law (UNCITRAL) ruled in its favour in a London court on Tuesday.

The legal battle between Uganda and Heritage Oil Tax which emerged after the latter sold its stake to Tullow has been going on since 2011.
Should the case have gone the oil company’s way, it would mean that URA would have had to surrender Shs1.2 trillion it collected from the company as a Capital Gains Tax.

Capital Gains Tax is a tax on the profit when you sell (or dispose of’) something (for example an asset) that’s increased in value. It’s the gain you make that’s taxed, not the amount of money you receive.
READ MORE

Uganda’s national coffers stands to gain 400 million dollars after an international tax tribunal in London ruled in its favour against Heritage oil firm.
The United Nations Commission on International Trade Law Tribunal brought this protracted legal battle to an end on Tuesday by ruling that Heritage’s sale of assets to another oil firm Tullow was subject to a capital-gains tax. Court also awarded another $4 million as legal costs.
The claimant in his appeal to court claimed that the Ugandan government had improperly slapped a tax on the gain realized on Heritage’s sale of its interests in two production sharing agreements to Tullow.
Heritage demanded that government was obligated to reimburse the amount of the tax, which was over US$400 million.
However, the Tribunal unanimously ruled that there was no basis for the claimant to obtain compensation for the assessment of the tax on its gain in the sale transaction with Tullow.
Heritage first lost in a verdict delivered by Uganda’s tax appeals tribunal in Nov 2011.
- See more at: http://www.ntv.co.ug/news/business/25/feb/2015/uganda-government-wins-tax-case-against-heritage-oil#sthash.wu0Pgg8p.dpuf

Wednesday, 25 February 2015

Uganda Revenue Authority (URA) has applied to the Anti-Corruption Court to recover taxes worth sh1.9b from a city businessman.

The tax body is also seeking court order to have judgment entered against Paul Gurindwa who jumped bail last year.

The Anti- Corruption Court had heard all the evidence from the eleven prosecution witnesses but when court presided over by Justice Justice David Wangututsi ruled that Gurindwa had a case to answer, he absconded his trial.

Court has issued a number of summonses requiring Gurindwa to appear in court but he failed to heed to the summonses.
Assistant acting registrar Sarah Langa Siu of the Anti- Corruption Court has issued a criminal summon for Gurindwa to appear in court on March23 to answer the charges. READ MORE

ICC releases documents on case against LRA’s Dominic Ongwen

Dominic Ongwen

The International Criminal Court (ICC) has released a string of documents relating to the Dominic Ongwen case, following a ruling on Tuesday where it was decided that the documents are made public.
The documents totaling 21 are a revelation of arrest warrants and requests for arrest of rebels made to three governments; Uganda, Democratic Republic of Congo and Sudan.

Dominic Ongwen, a commander of the rebel Lord’s Resistance Army (LRA), is under trial in The Hague for crimes against humanity and war crimes.

This comes as the prosecutor in the case asked for more time to confirm the charges against Ongwen.

It is hoped that the release of the documents is a key step in helping the public understand Ongwen’s case that has been muddled in different ways.

According to the court order, the 21 documents will be accessed by the public from the ICC website.

Kavuma Can Be Chief Justice - Balunywa

In a speech at the 17th judges' conference yesterday, Prof Wasswa Balunywa said acting chief justice Steven Kavuma should become substantive since he has spent more than six months in the job.

Justice Kavuma Steven

The principal of Makerere University Business School (Mubs) said the practice in government institutions, which the Judiciary is part of, is that if someone acts in a certain position for more than six months, they should be confirmed as substantive. Kavuma has been acting chief justice since 2013.

"The matter is in court and I don't want to speak about it. But in the private sector and in government, there are laws for someone to act in a certain position. In my institution, if someone acts in a position for more than six months, you are obliged to put that person in place, I think that is what the law says but I don't want to go down that route... " said Prof Wasswa while presenting a paper in Entebbe.

The Mubs boss spoke in response to this question from Anti-Corruption court judge Lawrence Gidudu: "The Judiciary does not have a chief justice and deputy, we are happy that Justice Kavuma has filled the void, but my question is, what is the impact of lacking substantive leadership in the judiciary on its vision? This is so because to realize that vision, the institution must have some certainty of leadership... "

Colonel Olanya handed six month jail term

LT. Col. Benson Olanya, the ex-commander of the Uganda Peoples’ Defense Forces (UPDF) 343 battalion under the African Union Mission in Somalia (AMISOM), has been sentenced to six months in jail after he was found guilty of diverting fuel meant for peace keeping operations.

Olanya will serve his sentence at the Military Police headquarters in Makindye, a Kampala suburb.

Delivering the ruling on Tuesday, the court chairman, Maj. Gen. Levy Karuhanga, said the court’s decision is reflective of the pleas of the defense and prosecution made after Olanya was convicted on Monday.

NRM activists dare Kiyingi on terrorism charges

A section of supporters of the ruling National Resistance Movement (NRM) have challenged Dr. Aggrey Kiyingi to consider clearing his name over charges of terrorism in Ugandan courts instead of "crying wolf" from the comfort of his home in Australia.

An eminent cardiologist with dual Ugandan and Australian nationality, Dr. Kiyingi was recently linked to the murder of two Muslim Sheikhs - Sheikh Mustafah Bahiga and Sheikh Abdul Kadri Muwaya – with the aim of spawning antipathy towards government.

It's alleged that Dr.Kiyingi through his Federal Alliance rebel group recruited and offered logistical support to former Allied Democratic Forces (ADF) rebels to hire the hit men that killed the two sheikhs.

"Let Kiyingi come back and answer charges against him in court," Kintu Nyago, Uganda's Deputy Ambassador to the UN on Monday told the press at the Media Centre.

Museveni to judges: Punish killers

President Museveni has said judicial officers should punish murder suspects severely.

Mr Museveni took this tough line in a speech he gave at the opening of the 17th annual judges conference.

He attributed the recent killings in Busoga sub-region to laxity in the justice system, particularly the Judiciary, which he accused of unnecessarily granting bail to suspected murderers.

Uganda: Catch-22 in Govt Compensation

Part of Kampala Entebbe Express Highway under constructionAccused of cheating ordinary landowners, the government must find way to move on with projects Compensating affected persons is a major component of any government project. Up to Shs30 billion is budgeted to be spent on about 400 Project Affected Persons when the second phase of the Kampala Northern Bypass Highway starts.
READ MORE

The 17th Annual Judges' Conference

Hon. Judges converge at the Imperial Golf View Hotel, Entebbe for the 17^thAnnual Judges Conference under the theme: "The Role of the Judiciary in Transforming Uganda’s Society”.

The four-day Conference from 23-26 February 2015 will cover wide-ranging issues on the role of technology in the administration of justice, Judges’ role in promoting investment and development in Uganda, performance, change management and accountability.

Discussions are also expected to extend to issues of effective management of stakeholder relationships and the management of election disputes for the 2016 General Elections.

It is hoped that the Hon. Judges will walk out of the meeting with a charter of reforms to make the Judiciary more efficient, effective and responsive to the development needs of Uganda.

The Hon. Judges will also build consensus on issues around institutional and individual targets, building partnership with the private sector, as well as promoting improved relations with the other arms of government, among others.

The Judiciary judicial officer staffing presently stands at eight (08) Justices for the Supreme Court, Court of Appeal/Constitutional Court (12), High Court Judges (49), Registrars (22), Chief Magistrates (46), Grade One Magistrates (163), and Grade II Magistrates (72).

The Hon, the Ag. Chief Justice, Hon. Justice Steven Kavuma, said at the Opening of the New Law year in January, 2015 that four more Justices are required at the Supreme Court, Court of Appeal (20) – to support plans to decentralize it to other regions. He said at least 33 more Judges are required by the High Court, 17 registrars, 50 chief magistrates and 40 more grade one magistrates – all in line with the structure/courts’ expansion plan.

Note to editors

High-level representatives of the Judiciary, government, private sector and international development partners will attend/speak during this four-day conference.

***

The Judiciary is the third independent arm of state established by the Constitution under the doctrine of separation of powers. Its core functions include administration of justice to all; interpretation and safeguarding of the laws and Constitution of Uganda; promotion of rule of law to maintain public order; upholding democratic principles; and protection of human rights of individuals.

A detailed Conference program. For further information and to arrange interviews with key spokespeople, please contact:

Solomon Muyita

Senior Communications Officer

The Courts of Judicature

Mobile: +256 (0) 77 220 0089

Tanzania: Uganda Government Arraigned in Arusha Court

THE Arusha-based East African Court of Justice's First Instance Division has heard a case filed by an applicant from Uganda, Mr Godfrey Magezi against the Attorney General of the Republic of Uganda, the Respondent, accusing the country's government of resources plunder. The Ugandan citizen has filed a case accusing his government of the alleged acts of corruption, abuse of office, misappropriation, illicit enrichment, plunder and wastage of state resources by the Government of Uganda or its officials, servants and agents that were inconsistent with and contrary to the principles of good governance, transparency, accountability, social justice and equal opportunities.

Sydney doctor in Ugandan presidential bid accused of funding assassinations

An Australian-based doctor who wants to stand as president of Uganda has denied as absolute nonsense allegations he is funding the assassination of Muslim clerics in his home country.
Sydney cardiologist Dr Aggrey Kiyingi says the allegations are part of an orchestrated government harassment of his political organisation that has seen members imprisoned in the lead-up to the 2016 election.

JUDICIARY IN HUGE INNOVATIVE REFORM DRIVE

Ag. Chief Justice Steven Kavuma at the January opening ceremony of 2015’s New Law Year

About 15 years ago when I was assigned to cover the courts as a junior newspaper court reporter, I found a considerably thin, conservative and bureaucratic Judiciary.

There were fewer judges and other judicial officers, fewer facilities and financial resources. The system was substantially slow. Civil and criminal cases remained in the court system for many years and the system was highly unpredictable.

Thursday, 19 February 2015

Uganda: Dr Kiyingi - Rebel or Politician?

Australia-based cardiologist, Dr. Aggrey Kiyingi, from Uganda, said he has not involved in or sponsoring the numerous murders of Muslim clerics in the East African country.

Scores of Muslim leaders have been mysteriously murdered over the last several months.

Dr. Kiyingi’s denial follows allegations by the Uganda-regime that he is sponsoring the assassinations of Muslim clerics and that he also backs a rebel group the Allied Democratic Forces (ADF).

I absolutely have no idea about the allegations leveled against me,” he said in a telephone interview. He added, “The sate has a secret mission against the innocent people, including the Muslim leaders in Uganda.”

Uganda: NRM Sacks Lawyers Over Mbabazi

Tensions between former prime minister Amama Mbabazi and the ruling NRM have reignited in the Supreme court, where the expelled party MPs are fighting to retain their parliamentary seats.

The NRM has already fired two of its lawyers deemed to be Mbabazi-leaning as it prepares to fight the expelled MPs in the Supreme court. MPs Wilfred Niwagaba (Ndorwa East), Theodore Ssekikubo (Lwemiyaga), Barnabas Tinkasiimire (Buyaga West) and Muhammad Nsereko (Kampala Central) are challenging the Constitutional court ruling that declared their parliamentary seats vacant upon their expulsion from the party for alleged misconduct last year.

DDP introduces software to help judiciary

Loss of case files and other key prosecution documents in the courts of law will be no more after the office of Director of Public Prosecution (DDP) introduced software application, iJustice, for information tracking.

The software is aimed at guaranteeing accurate court data compilation, security of court data and help in delivery of justice in an expedited manner.

The DPP says the software introduction in Uganda's judicial system is timely due to increased theft of case files to hinder prosecution.

Tracing files and tracking of files is generally a toll order in the office of Director of Public Prosecution and often more than a week is needed.

This traditional information management has often been vulnerable to fraudsters within the judicial system. These fraudsters pluck out papers from case files in order to weaken a case depending on who has paid them. That chapter now seems to have come to an end.

Tuesday, 17 February 2015

Uganda: The thin line between victim and perpetrator

Florence Ayot was nine when she was abducted from her home in Uganda’s vast and arid north. That was in 1989. She would spend 15 years with the rebels of the Lord’s Resistance Army (LRA), trekking through the seemingly endless bush. In 2004, she managed to escape.
“I feel bad that I was abducted,” she says. She is sitting next to a charcoal fire and a tin cooking pot in her hut of clay and reeds in the northern Ugandan town of Gulu.
“I wasted my time and came back with injuries. I have a bomb splinter in my head and a bullet in my leg.”
A lump can be felt in her right calf.
Read more: http://mg.co.za/article/2015-02-16-uganda-the-thin-line-between-victim-and-perpetrator

Monday, 16 February 2015

Court defines immunities, privileges for COMESA institutions

The COMESA Court of Justice has defined the extent of immunities and privileges accorded to the COMESA Institutions.

In a landmark Advisory Opinion delivered by the Appellate Division of the Court on the 5th of February 2015 sitting in Lusaka, it stated that the immunities and privileges granted to COMESA Institutions did not extend to commercial transactions between individuals or entities and the Institutions.

Delivering the advisory Opinion, Judges Nzamba Kitonga, Ernest Sakala and Dr. Borhan Amrallah stated that the immunities and privileges to be granted to COMESA and its Institutions were limited to acts which fell within the objectives of the COMESA Treaty and the respective constitutive Charters.

The judges say these immunities and privileges could not be stretched to cover operations outside the objectives of the COMESA Treaty and the constitutive Charters of any of the COMESA Institutions.

The Application for the advisory opinion was filed by COMESA under Article 32(1) of the Treaty, as read together with Rule 107 of the Rules of the Court. It sought the opinion of the Court as to the applicability and extent of the immunities and privileges to be accorded to various institutions of COMESA that are engaged in commercial transactions.

During the hearing of the case Reference No.1 of 2013 the Court received written submissions on behalf of the Applicant (COMESA) and on behalf of three Member States: Kenya, Uganda and Zimbabwe.

The Court also heard from Counsel representing the Applicant and from the PTA Bank which is one of COMESA Institutions.

Otunnu defamation case adjourned until March

The hearing of a case in which UPC party president Dr. Olara Otunnu is charged with defaming President Yoweri Museveni has flopped for the fourth time, and has been pushed a month further. Otunnu on Friday failed to appear before the Buganda road magistrate court to answer charges of defamation and ignoring police summons over the matter.

Thursday, 12 February 2015

Uganda crippled by medical brain drain

Despite severe shortages of health workers, the government is encouraging its doctors to leave – a move that has landed it in the high court

At the paediatric and childcare department of Uganda’s Mulago national referral hospital, a memo advertises vacancies for nurses in a private clinic. Two points are highlighted: attractive salary and accommodation.

Another memo from the hospital management apologises for the delay of January salaries for medical staff. Delayed or insufficient salaries are not new in Uganda’s public hospitals. Medical workers in rural areas wait for as long as three months without pay. Accommodation or transport costs are a rarity.

Three-quarters of the people I graduated with 20 years ago are not in Uganda.Last year, the Foreign Ministry advertised opportunities for 263 health workers to go to Trinidad and Tobago. According to the advertisement, Uganda wants to “further accelerate the existing excellent bilateral relations” with the Caribbean country. At least 400 health workers, including senior specialists from government hospitals, applied to leave.

The Institute of Public Policy Research Uganda (IPPR-U), a local thinktank, has gone to the high court to stop the export of health workers and compel the government to encourage them to stay.

Justinian Kateera, IPPR-U’s executive director, said: “While the government is bent on exporting health workers, thousands of Ugandans are dying daily. Sixteen women die daily giving birth, but the government can’t see that as problematic.

“This [Ugandan case] is going to set precedents on the continent. We want governments to know that it is their responsibility to retain key professionals,” Kateera said.

Muslim clerics murder case committed to high court

Sixteen people who are facing charges related to the killing of two Muslim clerics in December 2014 have been committed to the High Court. Among those implicated is Sheikh Muhamad Yunus Kamoga, the Amir Ummah of Kampala.
The group first appeared in Nakawa magistrates court in January where they were presented with various charges including murder, terrorism and attempted murder.
Prosecution alleges that the group was behind the murders of the Shiite leader in Uganda, Sheikh Abdul Qadr Muwaya, at his home in Mayuge District and Sheikh Mustafa Bahiiga at Bwebajja Mosque on Entebbe Road in December 2014.
In an indictment read out in Nakawa Magistrate’s court, the DPP accused Dr Aggrey Kiyingi, a Cardiologist of financing the murders. Kiyingi joins 17 other co-accused.
The accused who include the head of the Muslim Tabliq sect in Uganda Amir Sheikh Muhamad Yunus Kamoga are accused of killing Sheikh Mustafa Bahiga at Bwebajja mosque on Entebbe road and the Muslim Shiite leader, Sheikh Abdul Kadir Muwaya at his home in Mayuge district on separate days in December last year.
They are also charged with another count of attempted murder of Sheikh Haruna Jemba. But before the suspects were committed to the High court, prosecution led by State Attorney Ann Ntimba charged 11 of the 17, with aiding and abetting the rebel Allied Democratic Forces.
The indictment claims that Kiyingi, who has Australian citizenship, recruits former ADF rebels into his newly-formed rebel group, the Federal Alliance.
Kiyingi, according to prosecution, channeled the money in question through his in-law Nakasibante, one of the accused persons. Nakawa magistrate’s court committed the 17 accused to the High court after prosecution claimed investigations into the case were complete.
The committal of the accused came as a surprise because when the case came up for mention on January 29, prosecution claimed it needed more time to investigate. Grade 1 Magistrate Timothy Lumunye adjourned the case to February 12 (tomorrow).
But surprisingly, the accused were brought secretly before the magistrate yesterday, probably to avoid the loud disruptive crowds. This time round the court was quiet since the accused’s relatives and supporters had been kept in the dark.
Most Ugandans first got to know Dr Aggrey Kiyingi when he was charged with the murder of his wife, the prominent lawyer Robinah Kiyingi. He was eventually found innocent.

https://www.youtube.com/watch?v=MqELl7lmo6M

Tuesday, 10 February 2015

ICC separates Ongwen case from Kony

On 6th February 2015, Single Judge Ekaterina Trendafilova, on behalf of Pre-Trial Chamber II of the International Criminal Court (ICC), severed the proceedings against Dominic Ongwen from the case of The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen.

As the three other suspects in the case have not appeared or have not been apprehended yet, the Chamber deemed it necessary to separate the case so as not to delay the pre-trial proceedings against Mr Ongwen. After having consulted the Prosecutor, the Chamber decided not to proceed against the other three suspects in absentia. Joseph Kony, Vincent Otti and Okot Odhiambo remain at large, almost ten years after the issuance of the warrants of arrest.

This decision does not in any way affect the rights of the victims accepted to participate in the case of the Kony et al. case. The Chamber will, in due course and in a separate decision, address the issue of victims' participation in the Ongwen case.

In deciding on the way ahead, the Single Judge was mindful of the following factors:

the present case is the oldest case before the Court, which has been dormant for the last 10 years due to the unavailability of the suspects;
Whereas Mr. Ongwen appeared before the Court on a voluntary basis, there is no real prospect that the other suspects will appear nor certainty that they will be apprehended in the near future; 10 and
The factual allegations brought by the Prosecutor against Mr. Ongwen are significantly less than those pertaining to the other co-suspects.

In the view of the Single Judge, the latter point in particular has a bearing on the preparation of the proceedings leading to the confirmation of charges hearing insofar as the limited scope of the current case against Mr. Ongwen, compared to the broader scope of the case against Joseph Kony, Vincent Otti and Okot Odhiambo, necessarily impacts the disclosure of evidence and other related issues, such as restrictions to disclosure of information and protection of witnesses.
In this regard, the Single Judge is particularly attentive to the fact that Mr. Ongwen has the right to be tried fairly and without undue delay, as stipulated in articles 64(2) and 67(1) of the Statute.

Ondoga trial: State summons Gen. Gutti

The General Court Martial has summoned Lt Gen Andrew Gutti to give evidence in the ongoing trial of former commander of the Ugandan peace keeping force in Mogadishu, Brig Michael Ondoga.

Gen. Gutti

Lt Gen Gutti, the current commandant of the UPDF Senior Staff and Command College Kimaka in Jinja District, was summoned on Thursday jointly with Lt Col Moses Mwesigwa to testify in the military court in Makindye, Kampala.

The two officers will appear in the court on February 12. The summons followed an application by the State prosecutor to call the duo to boost the evidence against the suspects.

Prosecution accuses Ondoga of failure to brief and for providing 1,000 troops instead of the required 1,500 for an operation from Afogoye to Baidoa in October 2012, resulting into loss of lives and military assets.He is also accused of having failed to issue formal operation orders to the commander battle group ten, Lt. Col. Edson Muhanguzi, to address complaints about food shortage and command and control his subordinates in 2012 and diversion of 15,000 liters of fuel meant for the Afogoye-Baidoa operation in 2013. Read more:http://www.theinsider.ug/brig-ondoga-trial-flops-again-at-makindye/

Thursday, 5 February 2015

Uganda: Ongwen At the ICC - Victim Turned Perpetrator

After almost 10 years on the run, one Ugandan rebel leader is finally in the custody of the International Criminal Court (ICC). Dominic Ongwen, of the infamous Lord’s Resistance Army (LRA), surrendered in early January and was transferred to The Hague, where the ICC is based, on 20 January. Ongwen’s first appearance at the ICC was on 26 January, making him the first LRA stalwart set to face trial for the group’s activities at the ICC.

On 8 July 2005, the ICC issued an arrest warrant for Ongwen. He is charged with three counts of crimes against humanity and four counts of war crimes. His alleged crimes include murder, enslavement, inhumane acts of inflicting serious bodily injury and suffering, cruel treatment of civilians, intentionally directing an attack against a civilian population and pillaging.

Speaking in Acholi, a language widely spoken by the people of northern Uganda, Ongwen calmly confirmed his identity to Judge Ekaterina Trendafilova of Pre-Trial Chamber II. The judge pronounced that she was satisfied that Ongwen has been informed of the crimes which he is alleged to have committed, and of his rights under the Statute – including the right to be informed of the proceedings in Acholi as a language that he fully understands and speaks.

Ongwen was transferred to the ICC despite Uganda having both the capacity and willingness to prosecute him. It remains possible that Ugandan authorities may challenge the admissibility of the case at the ICC on this basis, however improbable.

Uganda is one of a few African countries that have criminalised war crimes, crimes against humanity and genocide. Uganda has also established a specialised judicial chamber to deal with, among others, international crimes. The International Crimes Division (ICD) of the High Court is the only judicial chamber of its kind in Africa

Wednesday, 4 February 2015

KAVUMA - Challenges to bar him from Chief Justice's Office

The Acting Chief Justice Steven Kavuma has said he was properly selected to act as the Deputy Chief Justice by virtue of which he is also properly acting as Chief Justice.

Kavuma filed an affidavit in the High Court challenging an application in which the Legal Brains Trust (LBT) Limited, a civil society organization, seeks to stop him from performing the statutory functions of the acting Chief Justice and those of his deputy.

LBT Ltd, by notice of motion filed in November 2014, asked court yo make several declarations among which declaring the Principal Judge as the titular head of the judiciary. The Prinicipal Judge would preside over at all ceremonial assemblies of the Judiciary and other agencies of the government.

LBT faulted the government, accusing the appointing authority of failing to promptly fill the two positions there by crippling the functioning of the Judiciary and gravely infringing the constitution. The applicant also asked the court to compel the Judicial Service Commission, the President and other agencies of the government to appoint the substantive Chief Justice and the deputy Chief Justice as soon as possible.

Justice Bamwine on spot over shortage of Judges

Last week, an unknown man in Masaka stunned Pricipal Judge Yorokamu Bamwine demanding him to explain why he keep on complaining about lack of judges and yet the various universities in the country are each year producing lawyers who can be appointed judges.

Justice Yorokamu Bamwine poses with Masaka Lawyers in Masaka.

In response, Justice Bamwine tasked Ugandans to raise these shortfalls as key campaign issues tagged with their votes, in order to push the political arm of the state to execute its mandate in expediting such crucial appointments.

The advice followed questions raised by the population in Masaka in regard to the delayed appointment of a Chief Justice and the shortage of Judges in the judiciary that in turn promotes delayed justice, a backlog of cases and congested prisons.

The appointment of a chief justice has been an issue of debate for over a year, following the controversy that surrounded the re-appointment of Retired Chief Justice Benjamin Odoki.

Joseph Katumba, a resident of Masaka tasked Justice Bamwine to explain the shortages in this regard saying the performance of the judiciary is below par. His query was supported by former legislator John Kawanga, who stated that the lack of a Chief Justice and Judges is affecting judicial services.

Minister blames Judiciary over wetlands

A Cabinet minister has castigated the judiciary for issuing court injunctions that stop eviction of wetland encroachers, rendering agencies such as National Environment Management Authority impotent.

Ms Flavia Munaaba, the State minister for Environment, yesterday said although it is agreeable natural resources are fast diminishing, little can be achieved with judicial officers issuing such directives.

The minister was speaking at Lutembe Bay, a Ramsar listed wetland of international importance in Wakiso District, during the World Wetlands Day national celebrations. The commemoration were held under the theme, “Wetlands for our future: The future of humanity depends on wetlands.”

Part of the Lutembe wetland has been reclaimed by a flower firm and several organisations sued the firm for breaching Articles 50 and 22 of the 1995 Constitution on citizens’ right to a clean and healthy environment.

However, Judiciary spokesperson, Mr Erias Kisawuzi, said: “We do not look at Nema as a government agency but consider the end of judicial process basing on evidence. When we issue injunctions stopping any developments, still we are conserving the environment.”
http://www.monitor.co.ug/News/National/Minister-blames-Judiciary-over-wetlands/-/688334/2610830/-/6lvt0r/-/index.html

Tuesday, 3 February 2015

Nyombi - Judiciary can work without a Chief Justice (CJ)

Attorney General Peter Nyombi has said the Judiciary, which has “struggled along” without a leader for almost two years, can still function without a substantive Chief Justice (CJ).

Attorney General Peter Nyombi

The AG’s pronouncement comes only weeks after judges said in the absence of the CJ, they are like sheep that are wandering without a shepherd.
Mr Nyombi ‘s sworn affidavit was filed at the High Court Civil Division in Kampala in response to a judicial review, among other things, seeking orders for quicker appointment of a substantive CJ and Deputy CJ on grounds that Justice Steven Kavuma is wrongfully acting in the two offices.
The Legal Brains Trust (LBT), a local civil society organisation that filed the application, contends that the delayed appointments “severely crippled and embarrassed the Judiciary”.

The country has for nearly two years been without a substantive Chief Justice following the retirement of Justice Benjamin Odoki on March 23, 2013. He also served out his three months extension.
The President attempted to re-appoint Justice Odoki but the move was opposed by a section of the legal fraternity, including Uganda Law Society president Ruth Ssebatindira, who described the the continued lack of Chief Justice and Deputy as a “big elephant in the conference room”.

UGANDA - Bataka Courts Are Becoming Popular

Residents of Ivuukula sub county in Namutumba district attending a court session

Bataka courts have made community participation has been enhanced and citizens have been empowered to use the given accountability spaces. In discussions, petitions, community radio and by means of their representatives, they now demand accountability. These courts were a form of justice system before the colonial/white color justice were introduced are now back purposely for the poor to access justice without delay.

In Kibaale District, the panel of elders have made it possible for community members to litigate civil and referred criminal cases in formal courts. The process has eased the formal courts’ workload, delays and or a lack of justice. The three initiatives demonstrated that having a voice and accountability is possible if the initiative works within the local realities or locally-based processes that locals know and appreciate. In that way, the members of the community collectively participate in and direct their own development in what is referred to as a ‘best fit’.

How the Bataka Courts work http://mwananchi-africa.org/wordpress/wp-content/uploads/2014/01/Bataka-Courts-Model-BCM-HANDBOOK-Final-Print-Version.pdf

Uganda pledges full cooperation with ICC on rebel's case

Uganda’s attorney general says the country has assured the International Criminal Court of “full cooperation” on the case of Dominic Ongwen, a Ugandan rebel commander who faces trial. Peter Nyombi said Monday that Uganda’s government would help with investigations as well as identifying witnesses. A team from The Hague is traveling to Uganda next week to consult with officials.

Ugandan President Yoweri Museveni has been critical of the international court. Nyombi said, however, that Uganda believes it’s “more convenient for the ICC to try Ongwen.” The ICC has set Aug. 24 for a hearing to assess if evidence is strong enough to merit a full trial.

Ongwen faces charges of war crimes and crimes against humanity, including murder, pillage and enslavement for his alleged role in a reign of terror by warlord Joseph Kony's Lord's Resistance Army that has spanned more than 25 years in central Africa's Great Lakes region. The armed group originated in Uganda in the 1980s as a popular tribal uprising against the government but has often taken advantage of porous borders across the region to hide and regroup amid an international hunt for its fugitive leaders.

At the peak of its powers, the Lord's Resistance Army was notorious for abducting boys who became fighters and girls who were turned into sex slaves, one reason for the group's international notoriety. Ongwen, who became a ruthless rebel commander and one of Kony's top lieutenants, was himself abducted as a 14-year-old boy in northern Uganda.

Monday, 2 February 2015

IGG recovers sh632m from corrupt officials

The Deputy Inspector General of Government , Mariam Wangadya has said prosecution witnesses and people who report corruption cases frustrate efforts to have the suspects brought to book by refusing to testify in court. This, she said, has hindered the work of the office, leading to the dropping of cases due to lack of evidence.

She also disclosed that sh632m was recovered from corrupt officials last year and paid on to the IGG asset recovery account, although she declined to mention names.

Wangadya said that the IGG recently stopped the payment of sh29b to former Internal Security Organisation (1SO) former employees after it discovered that their purported representatives had failed to account for sh10b which was already paid out. Of the sh10b already released, sh7b had been paid to lawyers as “professional fees”, which she described as theft. Wangadya said in spite of their commitment in carrying out their constitutional mandate to investigate corruption and hold individuals accountable for misuse of public resources, they face challenges of legal battles, absence of a leadership code tribunal, limited human and financial resource and technology that have made corruption hard to detect.

According to Anti-Corruption Coalition Uganda (ACCU) last year’s report, bribery is the highest form of corruption with 24%, nepotism favoritism and tribalism 22%, embezzlement and theft 20%, forgery/fraud 16%, neglect of duty 11% and finally selling of public goods at 7%.

The report also states that 21.8% respondents perceived medical institutions as the most corrupt.
17% considered corruption to exist in schools while 11.3% of the study respondents considered corruption to exist in police and judiciary.

The study was carried out in Amuria and Masindi districts. It further states that police officers are the most corrupt officials with 29%, civil servants 25%, local council officers 21%, politicians 12%, courts of law/judiciary 9%, community 3% and NGOs/ organizations at 2%.