Monday, 30 March 2015

Selection of judges is not rocket science

Why shouldn’t the public be fully, promptly, and proactively informed about the activities of the JSC?
The controversy surrounding theannouncement of Justice StevenKavuma’s appointment as Deputy Chief Justice of Uganda (DCJ) by President Yoweri Kaguta Museveni has spotlighted once again the opaque and archaic manner in which
the Judicial Service Commission (JSC) conducts its affairs.
Up to now, the public cannot tell with certainty whether or not Justice Kavuma duly applied for, was interviewed or was recommended by the JSC for the post of DCJ in line with Article 147(1)(a) of the Constitution.
According to the lead story in The Observer of March 16, all members and officers of the JSC who were contacted by the reporter to find out whether the beleaguered judge was legitimately selected for the DCJ post
were either “not in the know” or unwilling to divulge any information regarding the same. Peter Nyombi, a former member of the JSC during his short and shaky stint as Attorney General, simply replied “No comment”. The JSC Secretary Kagole Kivumbi referred the reporter to the JSC Chairman, Justice James Ogoola, who in turn reportedly
pleaded inability to talk about the matter.
Involving the public in the process of searching and selecting judicial officers does not appear high on the agenda of the JSC. This is a blatant violation of the Constitution which requires the State to be run on democratic principles and calls for the active involvement and participation of all citizens in national affairs.
Why shouldn’t the public be fully, promptly, and proactively informed about the activities of the JSC? Is the release of such information likely to prejudice the security or sovereignty of the State or interfere with the right to privacy of prospective or current judicial officers? Read more

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