Court dismisses case against prominent human rights defender Gerald Kankya

Paris-Geneva, May 27, 2015 – The Observatory for the Protection of Human Rights defenders (a joint programme of FIDH and the World Organisation against Torture – OMCT), welcomes the decision of Fort Portal’s Magistrates Court to dismiss the case against human rights defender Gerald Kankya and urges authorities to stop harassing human rights defenders in Uganda.

Following the failure by the prosecution to produce any complainant or witnesses despite six hearings, on May 20, 2015 the Magistrates Court of Fort Portal dismissed the case against Mr. Kankya, prosecuted under charges of “simple assault”. Arrestedon March 24, 2015 and afterwards released on bail, Mr. Kankya was being accused of assaulting a journalist [1].
Executive Director of the Twerwaneho Listeners Club (TLC), since 2006 Mr. Kankya has been working to combat unlawful evictions from public community land. TLC broadcasts weekly programs on human rights education, performs capacity building to enhance the ability of human rights defenders to carry out their activities in the region, provides civic education, monitors and documents human rights violations, and challenges unlawful governmental actions in court.
Lately, TLC has been running a petition campaign to the President Mr. Yoweri Museveni against the Queen Mother Best Kemigisa Nursery, Primary and Vocational School, a private commercial project developed on land grabbed from illegal expropriations. In 2012, Mr. Gerald Kankya received the European Union Human Rights Defender Award in Uganda. Read more

SDP Name Change Case Dismissed

Justice Steven Musota has dismissed the case in which aggrieved members of the Social Democratic Party (SDP) are challenging the change in its name and alleged sale to former vice president Prof Gilbert Bukenya.

Justice Musota on May 15 advised any party dissatisfied with his decision to reinstate the case if out-of-court negotiations recommended by the court earlier fail to yield positive results.

Last September, four aggrieved SDP members led by Lugazi mayor J.B Ozuma Asea went to court seeking, among other things, to nullify the Electoral Commission's approval of the political party's change of name to PNU.

Asea, who doubles as spokesman of the little-known political party, also asked the court to declare that the alleged selling of SDP to Prof Bukenya was null and void as it did not comply with articles 1, 2(2) of the Uganda constitution and section 10 and 19 of the Political Parties and Organizations Act 2005.

The other complainants were Fred Kavuma, SDP national organizing secretary; his deputy Ahmed Serunjogi; and Harriet Namujju, Women League leader. On the other hand, the respondents were Michael Mabikke, the SDP leader; Henry Lubowa, the party's secretary; as well as the Electoral Commission.

When the case first came up for hearing on May 8, deputy registrar Festo Nsenga gave the parties one week to settle the matter out of court and report back to court the following week. The EC had filed its defence but Mabikke, Lubowa and PNU had not.

When contacted earlier this month, Erick Sabiiti, the EC legal officer handling the case, said the commission agrees to re-gazette SDP but Mabikke and Lubowa must meet the costs involved because they misled EC into believing that the entire party leadership had agreed to the change of name. Read more

Citizen Sues Govt On Pension Scam

Following the collapse of the criminal case against officials accused of stealing up to Shs 165bn in pension funds, a private citizen has lodged a civil suit in the High court against the accused individuals.

The concerned citizen, Sam Lukwago, wants the six persons, mostly former employees of ministry of public service, to refund the money. In April, Anti-Corruption court chief magistrate Sarah Langa Siu dismissed the case after the state failed in two years to present a single witness to testify against them.

The accused are; Jimmy Lwamafa (former permanent secretary), Christopher Obey (former principal accountant), Steven Kunsa Kiwanuka (former director for research and development), David Japins Oloka (former senior accounts assistant), Francis Lubega (former information system analyst), Steven Lwanga (former accounts assistant), Peter Ssajjabi (East African Community Beneficiaries Association), and Ishaka Sentongo and Ms Rahmah Nakigozi Mugeere, both of Cairo International Bank.

In the suit filed on May 25, Lukwago said he was forced to institute the case because of government inaction.

"The plaintiff [Lukwago] asserts that the lack of action on the part of the first defendant (attorney general) and the director of public prosecutions is to the detriment of the government of Uganda and the citizens of the republic of Uganda as public resources defrauded from the government of Uganda are being put to total waste or lost completely," Lukwago said in his plaint.

Lukwago wants court to compel Obey, Kunsa, Oloka, Lubega, Lwanga and Ssajjabi to refund Shs 165bn, saying that several police reports had indicated that they were liable for the plunder.

Through Kyazze, Kankaka & Co. Advocates, Lukwago said that sometime in 2012, a whistleblower reported to police a case regarding the theft of the East African Community employees' pension. The funds were paid out to fictitious people, allegedly by the respondents. Read more

Justice Kavuma Loses Interest in Joining Case

After he tried and failed to join the attorney general in fighting a petition challenging his appointment, Deputy Chief Justice Steven Kavuma last week withdrew his application from the Supreme court.

Two lawyers, Youth MP (Western) Gerald Karuhanga and Eron Kiiza, are challenging Justice Kavuma's appointment as deputy chief justice, saying it was not sanctioned by the Judicial Service Commission (JSC), which is mandated to nominate judges for appointment by the president.

On May 7, 2015, Supreme court judge John Wilson Tsekooko dismissed Kavuma's application to join the attorney general's defence team, saying it had been smuggled into the court system. The judge advised Justice Kavuma's lawyers Enos Tumusiime and Macdosman Kabega, to file the application properly. The lawyers obliged and filed the application accordingly.

However, when the case came up for hearing last Wednesday, the same lawyers told Justice Galdino Okello, who had replaced Justice Tsekooko in the matter, that their client had decided to withdraw the application.

Tumusiime said: "My Lord, by last evening we were ready to proceed with this application but our client [Justice Kavuma] told us to come and withdraw it, saying that the attorney general can effectively handle the petition."

Tumusiime added that Justice Kavuma withdrew the application because he wants the main petition challenging his appointment to be heard without any further delay.

"This is a very serious matter touching the character and person of Justice Kavuma and he would like it to be heard such that his name is cleared," Tumusiime said.

The Observer has been told by lawyers conversant with the case that Justice Kavuma could have withdrawn the application after realizing that by joining the attorney general, he could be required to appear for cross examination during the course of the hearing. Read more

Judiciary Sets Up Hotlines for Court Users

As part of its fresh clean-up campaign to restore public confidence, the Judiciary has set up SMS hotlines for the public to report malpractices in the courts.

Telephone numbers +256 (0)776 709100; +256 (0)703 707085 and +256 (0)794 702 085 have been availed to the public to send precise SMS feedback reporting incidents of unprofessional conduct against judicial officers and court support staff.

"We are determined more than ever before, to fight corruption and malpractices in the courts. We are tired of the Judiciary appearing on the list of the most corrupt institutions in Uganda,” said the Chief Justice, Bart Katureebe, while releasing the hotlines to the public.

Mr Paul Gadenya, the chief registrar of Courts of Judicature, said the Judiciary has a comprehensive plan to strengthen the complaints handling mechanism. "The three hotlines are just the first step in line with our improving interface with the public,” he said.

"In the near future, we shall have a revamped and well-resourced Inspectorate of Courts; we will provide Information, Education and Communication materials to empower the people to use the courts, even without a lawyer. We are also in the process of establishing a strong customer service centre at the High Court in Kampala, and we will aggressively reach the public through the internet and social media.”

The Chief Justice urged court users with evidence of any wrongdoing in the courts to SMS the information on the Hotlines provided so the reports are properly investigated and forwarded for disciplinary action.

"We are open and people can reach us by SMS so we can keep a record. Give us the facts on any form of malpractices by our staff and we shall follow up and take appropriate action,” said Hon. Justice Katureebe.

With these measures and many more to be announced, Hon. Justice Katureebe is confident that corruption and other malpractices will gradually be eliminated in the Judiciary.

Mr Gadenya said it is important for a highly centralized institution like the Judiciary to always use a multiplicity of communication because most people do not come to court.

"We will receive the complaints and deal with them promptly. We request the complainants to give us a little more information for proper follow-up purposes,” said Mr Gadenya.

Late April, Hon. Justice Katureebe announced plans to strengthen the Inspectorate of Courts to conduct increased and ad hoc court inspections, under the leadership of a Supreme Court justice, yet to be named.

The institution is also conducting continuous public engagement programmes with civic leaders and court users in different parts of the country to explain the functions of the Judiciary and the courts at the different levels.

Editors notes:

The chief justice recently wrote to individuals who have publicly claimed to have evidence of corruption against some judicial officers to present it to him. He said his administration would not defend or protect corrupt staff or judicial officers. "…furnish me with the evidence in your possession so that the necessary course of action is taken in accordance with the law and the constitution…Let us work together to improve and strengthen the administration of Justice in our country,” Justice Katureebe wrote, in part, in his letters to the different individuals between April 22 and 28. The individuals contacted are yet to get back to the chief justice with the information requested.        

VP woos Danish investors

Vice President Edward Kiwanuka Ssekandi has ended his week-long visit to Northern Europe with a meeting in the Danish Capital, Copenhagen, of Danish companies interested in investing in various sectors in Uganda.

Over 15 companies took part in a meeting that was held at the Uganda embassy in Copenhagen and the company executives expressed their willingness to invest in Uganda and urged Government to continue with such meetings which they said exposes the country’s exposure to the potential deals.

The Vice President asked companies that included those interested in energy, diary products, education, manufacturing and agribusiness that investing in Uganda was a sure way of return on every cent invested and assured them of Government support whenever they will find challenges.

Ssekandi told the Danish entrepreneurs that Uganda has put in place a conducive investment environment and urged the Danish business people to take advantage of the several amenities that are being provided by the Government to enable investors start business in Uganda.

The Danes however complained about the sluggishness with which Uganda Government officials handle investment issues including assessment by Uganda Revenue Authority and urged government to establish a one stop centre where all the information can be assessed to quicken the process and reduce on delays that promote corruption.

They also sought assurance from Government of a credible legal regime in the event that there arise disputes or disagreements so that investors are not send away empty handed like is the case in some countries. Read more

Court rejects petition against Israel's deportation of asylum seekers

The Be’er Sheva District Court has dismissed a petition by human rights groups against the deportation of asylum seekers and the imprisonment of other migrants who refuse to leave Israel.

Before the weekend, Judge Eliahu Bitan ruled that the petition was premature because the state had not yet jailed asylum seekers who have received deportation notices.

He was ruling on the cases of the two asylum seekers mentioned in the petition — he refused to address the matter of all asylum seekers that the Population and Immigration Authority has ordered to leave the country.

The state successfully argued that legal steps were premature because a decision had not yet been made to imprison the two asylum seekers, who are from Eritrea and Sudan and are to be deported to Uganda and Rwanda.

“I do not see room for discussing an application involving all the relevant infiltrators,” Bitan wrote. “The state’s authority to deport infiltrators, who for various reasons cannot be returned to their own countries, to a third country that meets certain conditions is not in dispute.” Read more

Ugandan rebel group head appears in court

THE leader of the Congo-based Ugandan Islamist rebel group Allied Democratic Forces (ADF), Sheikh Jamil Mukulu, appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam on Friday to face extradition proceedings initiated by the Attorney General (AG). Sheikh Mukulu was arraigned under tight security.

He is wanted in Uganda to face several criminal cases, including commanding a spate of brutal attacks against civilians in both Uganda and Congo since the late 1990s. In the application which is before Principal Resident Magistrate Cyprian Mkeha, the AG has attached several documents, including his affidavit, detailing several grounds to support the extradition proceedings.

He has also attached an affidavit sworn by thepolice in Uganda, showing that Mukulu was wanted in his country not for political grounds, but for prosecution of several criminal offences such as murder, attempted murder and armed robbery.

Another important document filed in support of the proceedings include an arrest warrant issued by a resident magistrate court at Jinja, Uganda, showing the rebel group leader was facing criminal charges in his country.

Principal State Attorney Edwin Kakolaki, who filed the extradition proceedings for the AG, was assisted by Principal State Attorney Tumaini Kweka and Senior State Attorney Hamidu Mwanga to argue the case before the matter was adjourned to May 22, for another hearing.

However, Mukulu has requested for time to engage an advocate to represent him in the matter and present affidavits to counter those presented by the AG and that sworn by the police from Uganda.

The two affidavits, according to the prosecution, show that the fugitive is required in Uganda for arraignment on five murder charges, three relating to attempted murder and two involving armed robbery. Read more

CSOs Must Engage in Corruption Litigation

As the public grapples with the recent collapse of the Shs 165bn pension scam case in the Anti-Corruption court, I find it appropriate to advocate for enhancement of the role of civil society in corruption-related litigation.

At Legal Brains Trust, we see no merit in pointing fingers at Ms Sarah Langa, the chief magistrate of the Anti-Corruption court, who dismissed the pension case on April 14, 2015, on grounds that the state had in the last two years failed to bring even a single witness to testify against the nine suspects.

Unlike Tamale Mirundi, the pugnacious presidential spokesman who berated the whole judiciary for failing pensioners and "spoiling the president's votes", we will not castigate High court judge Benjamin Kabiito for removing Cairo International bank and its managing director, Nabil Ghanem, from the charge sheet of pension scam suspects on January 16, 2015.

Whereas the director of public prosecutions, Mike Chibita, police boss Gen Kale Kayihura and Criminal Investigations and Intelligence Directorate boss Grace Akullo have vowed to have the case reinstated, we do not share in their enthusiasm for a second stab at the justice tree. We know that the obstacles which prevented this case from progressing in the last two years have not been resolved.

For instance, the absence of an independent counsel to present the concerns of the victims of the pension scam to the court cannot be gainsaid. His/her input could have prevented the dismissal of the charges in the first place. We should not rely on the DPP and the police to represent the best interests of victims of crimes at all times.

Second, the state should have hired private investigators and lawyers to explore and prosecute pension scam suspects, including Cairo International bank and its managing director. Due to the high stakes involved, it was imprudent to entrust vulnerable civil servants with this case. Read more

Kawooya Degree Set for Scrutiny After Court Loss

A Supreme court ruling on Tuesday that upheld the National Council for Higher Education's decision to recall Sembabule Woman MP Anifa Bangirana Kawooya's academic papers has thrown the veteran politician's career in a balance.

The court ruled that NHCE had the right to recall the certificate of equivalence it gave Kawooya in 2005. In 2010, Kawooya petitioned the Constitutional court claiming that her certificate of equivalence had been recalled by the NCHE without giving her a hearing. She said this decision was in contravention of articles 28(1), 42 and 44 of the constitution.

This was after retired Major Kakooza Mutale, a senior presidential advisor, claimed in a report to the NCHE, that Kawooya had forged her academic qualifications. Upon her petition in 2010, the Constitutional court issued a permanent injunction stopping the NHCE from investigating or recalling Kawooya's academic qualifications.

The decision was partly based on the claim that the Supreme court had in its earlier ruling in the Joy Kabatsi petition stated that the MP's papers were authentic.

Dissatisfied with the ruling of the Constitutional court, NCHE appealed to the Supreme court.

On Tuesday, in a unanimous decision, all the seven Supreme court judges ruled that the council had every right to recall or investigate Kawooya's academic papers because they are suspect.

Justice Christine Kitumba, who wrote the lead judgment, pointed out that the degree in public administration that Kawooya claims she obtained in 2001 from Knight Bridge University, UK, should be investigated since the UK authorities had confirmed that the said institution doesn't exist.

"The authorities in UK said that they don't have such a university and then referred the appellant (NCHE) to Denmark... But even the authorities in Denmark said that they don't have such an institution," Kitumba said in her judgment. Read more

Uganda Cracks Whip On NGOs

The Ugandan Parliament is due to debate a controversial Bill brought by government aimed at clipping the influence of Non-Governmental Organisations as the country gears up for the 2016 general elections.

While government argues that the Non-Governmental Organisations Registration (Amendment) Bill 2013 seeks to expand government powers to monitor NGO work, its opponents argue that it is intended to erode civil liberties and entrench political intolerance ahead of the general elections.

The new Bill would grant the internal affairs minister and the National Board for NGO broad powers to supervise, approve, inspect, and dissolve all non-governmental organisations and community based organisations, and would impose severe criminal penalties for violations.

Internal Affairs minister Gen. Aronda Nyakairima who presented the bill before parliament said the bill is a response to some NGOs' "subversive methods of work and activities which undermine accountability and transparency in the sector".

"If this bill is passed in its current form, it will obstruct the ability of all Ugandans to work collectively through local and international organisations on any research or advocacy that may be deemed critical of the government," said Nicholas Opiyo, executive director of Chapter Four Uganda, said in a statement issued here on April 20.

Under the Bill, organisations would be required to apply for an operating permit, which could be denied "where it is in the public interest to refuse to register the organisation, or . . . for any other reason that the Board may deem relevant." - Xinhua. Read more

Justice Kavuma Loses Round One

An attempt by Deputy Chief Justice Steven Kavuma to join the attorney general in the lawsuit challenging his appointment was thrown out by the Supreme court on May 7.

Dismissing the matter, Justice John Wilson Tsekooko said Kavuma's application was "smuggled" into the court system. Two lawyers, Youth MP (Western) Gerald Karuhanga and Eron Kiiza, are challenging Justice Kavuma's appointment as deputy chief justice, saying it was not sanctioned by the judicial service commission (JSC).

But lawyers Macdosman Kabega and Enos Tumusiime failed to persuade pre-trial judge, Justice Tsekooko, to allow their client, Justice Kavuma, to join the case as the second respondent. Karuhanga and Kiiza petitioned the Supreme court in March after the Constitutional court registry staff refused to receive the petition that was initially timed to pre-empt Kavuma's vetting process in parliament.

According to the petitioners, the Judicial Service Commission, which is mandated to pick judicial nominees, did not nominate and recommend Justice Kavuma for appointment by President Museveni as deputy Chief Justice.

At the pre-trial hearing, Kavuma's lawyers told court that their client needs to join the suit as a second respondent "in order to effectively put his case before court." The lawyers argued that Kavuma's right to be heard will be violated if his application doesn't succeed.

"The main application is an attack on the person of Justice Kavuma and he needs to defend himself as a person," the lawyers said.

In his application, Justice Kavuma maintains that he applied to the Judicial Service Commission for the position of deputy chief justice and was duly interviewed and recommended to the president for appointment. However, the petitioners' lawyer, retired Supreme Court judge George Wilson Kanyeihamba, asked the court to throw out Kavuma's application. Read more

Uganda awaits decision on extradition of rebel leader

Ugandan authorities are waiting for a decision by Tanzania's High Court to extradite Jamil Mukulu, the founder of the rebel Allied Democratic Forces (ADF).

"We had to put up our case to show that Jamil is wanted back home for criminal related offences," Ugandan Police spokesperson Fred Enanga told Anadolu Agency on Monday.

He said Mukulu is wanted on several counts of terrorism, murder and crimes against humanity.

"We needed to package this information and come up with a record of cases which has to be presented before the High Court Judge," he said.

Last week, Tanzanian police confirmed the arrest of Mukulu, who has been on the run since the 1990s.

The Tanzanian High Court reportedly started hearing on Friday into a possible extradition of the rebel leader to Uganda.

Neighboring Uganda and Tanzania do not have an extradition treaty.

International law requires that an extradited suspect must get a fair trial and should not be tortured during the extradition or detention.

Uganda must present credible evidence that proves or suggests Mukulu committed the alleged crimes against him.

The law also requires that the alleged crimes must not be political or religious in nature.

-Paper works-

But Tanzania's Interpol chief Gustavus Balil said that the two governments were still doing paper works on Mukulu's extradition.

"There is no any case in the court concerning Mukulu's extradition process," Balil told Anadolu Agency by phone.

"We still doing paper works after receiving official request from Ugandan government to hand over the suspect who is on the list of top wanted terrorist in Uganda," he said.

Balil promised to release full and detailed information on the issue after they both Tanzanian and Ugandan authorities are done with their early stage investigations.

"I can also confirm the arrival of our Ugandan counterparts to officiate Mukulu's extradition," he said. Read more

Judicial Appointments and Promotions are Based on Merit

His Worship Paul Gadenya

12 May 2015 – Nobody gets appointed or promoted into judicial ranks without a proper interview process by the Judicial Service Commission (JSC), the Judiciary said.

The vacancies are advertised publicly for all to apply and successful candidates are offered the jobs on merit after JSC confirms their professional competences and integrity.

"The occupation of judicial officers is based on competence. You enter on merit and will be promoted on merit,” said Mr Gadenya Paul Wolimbwa, the Chief Registrar of Courts of Judicature.

This was in response to a May 6 provocative anonymous email sent to JSC’s Secretary, Mr. Kagole Kivumbi, by people who claimed to be members of the Marginalised Magistrates Advocacy Plan (MMAP), a non-descript organisation. They accused Mr Kivumbi of frustrating their promotions.

"The decisions to promote our officers are made by a fully constituted JSC, and it has nothing to do with Mr Kagole Kivumbi. Anonymous messages cannot get anybody promoted,” said Mr Gadenya Paul. "Any Magistrate who feels marginalised should petition the JSC through the Chief Registrar for consideration instead of resorting to clandestine manoeuvres which violate penal laws and the Judicial Code of Conduct.”

Mr Gadenya revealed that there are 77 vacancies in the Judiciary’s higher and lower bench today, but cautioned the judicial officers that the positions were competitive as they are also open competent lawyers in private practice who are eligible and apply for the same positions.

The Judiciary gets equally concerned about the delayed promotions of judicial officers, according to Mr Gadenya, and periodically updates JSC with names of the affected officers for possible promotion to suitable positions.

On 10 February 2015, the Chief Registrar forwarded 30 names of stagnated magistrates to JSC, highlighting that some of them had not been promoted for as long as 16 years. "I urge the Judicial Service Commission to consider stagnation in service as a serious human resource problem, with negative impact on the administration of justice,” Mr Gadenya wrote in part.

"Stagnation could be something to do with a judicial officer’s competences or past conduct. We know so because some really get promoted but there are those that never go past the interviews.

As a result, in late March 2015, Isa Serunkuuma (53), who had stagnated at the rank of a Principal Grade One Magistrate, was elevated to a Chief Magistrate. Janeva Natukunda (40), who had stagnated for 16 years at the rank of Grade One Magistrate, was also promoted to Principal Grade One Magistrate.

At the same time, JSC appointed eight new magistrates at the level of Grade One Magistrates.

Notes to Editors

The Judiciary currently has a total of 77 vacancies up for grabs both at the higher bench (21) and lower bench (40). Potential candidates have since March been attending interviews with JSC to fill three (03) Supreme Court justices’ positions; Court of Appeal (03); and High Court (15). Other vacancies include three (03) for Registrars, Deputy Registrars (16), Assistant Registrars (04), Chief Magistrates (2), Senior Principal Magistrate Grade 1 (04); Principal Magistrate Grade 1 (04); Senior Magistrate Grade 1 (10) and Magistrates Grade I (29).

For further information, please contact:

Solomon Muyita

Senior Communications Officer

The Judiciary - Public Affairs & Communication Office

Mobile: +256 (0) 77 220 0089

Email: smuyita[at]judicature.go.ug

Proposed constitutional amendments and why they failed to impress

After months of outcry from the opposition and Civil Society organisations, the government on April 30 finally tabled the Constitutional Amendment Bill in parliament.

While the opposition and civil society had eyes on electoral reforms, the Bill has only one or two clauses about them. The over 40 proposals that the reform activists under their umbrella organisations, namely; the National Consultation on Free and Fair Elections, the Inter Party Organisation for Dialogue (IPOD) and the Citizens’ Coalition on Electoral Democracy (CCEDU) proposed, were all ignored. Instead, Justice and Constitutional Affairs minister Kahinda Otafiire tabled six amendments on renaming the Electoral Comminssion, tweaking the retirement age for judges, and revising the status of the Inspectorate of Government. The Leader of Opposition in Parliament Wafula Oguttu appeared stunned by the development. He immediately asked Deputy Speaker Jacob Oulanyah whether opposition could table a separate Bill to cater for the demands of Ugandans.  Oulanyah dodged the bullet and promised to first consult and return with an answer. The reactions outside parliament varied from long yawns, to contemplative looks, and shrugging shoulders. Nobody is cheering.

Amendment 1: Changing the Electoral commission

The Bill seeks to amend Article 60 of the Constitution to change the name of the Electoral Commission to the “Independent Electoral Commission”. This, the government says, is to recognise the Independence of the Electoral Commission and to enable Parliament to prescribe the composition of the commission.

The stakeholders in their proposals had asked for the overhaul of the entire EC, for an open recruitment of the commissioners, and for their tenure to be one 7-year non-renewable term. The reformers proposal was that the recruitment of the EC chairperson, the deputy, and commissioners be appointed with the participation of the public through the Judicial Service Commission.

The reactions:

Crispy Kaheeru  (CCEDO)

Citizens’ Coalition on Electoral Democracy (CCEDU) Coordinator Crispy Kaheeru says that Ugandans did not ask for a mere change of name of the EC.  They wanted a changing in its fundamentals. He says change of name of the Commission to ‘Independent Electoral Commission’ is welcome but should be further reflected in the broader issues.

“From my reading of the Bill,” said Kaheru, “it looks like the system to appoint the Commissioners remains the same, in other words, the President appoints and Parliament does the requisite vetting and approval.”

Kaheru says the reformers wanted the EC to reflect the diverse skills and social demographics necessary to ensure impartiality in managing the electoral processes.

“The proposed amendments in the Bill do not adequately insulate the Commission from some of the existing external pulls and pressures that it faces.” Kaheru said.  Kaheru said the few changes, including providing for a tribunal which President Museveni will consult before firing a member of the commission, are good.

Read more

Delayed Justice Fueling Violence - Mbarara Residents

Residents of Mbarara District said delayed justice by courts of law is fueling violence.
The residents were interacting with judicial officers during Mbarara Chief Magistrate’s Court open day on May 6, 2015. 
"People have resorted to violence, especially in cases of land wrangles that take long to be resolved in courts. A case drags on for over five years and the aggrieved parties see no hope for justice,” said Mr Asaph Bigirwa, a resident of Mwizi Sub-county.
Mbarara RDC Nickson Kabuye acknowledged land-related cases drag in court for a long time.
"Sometimes we get frustrated by the justice system. In Uganda, there is no land ownership that is hard to determine but it takes court over seven years to determine the actual owner. It’s a very big disappointment, and that could be the reason some residents turn to violence,” said Mr Kabuye.
The Hon. Principal Judge, Hon. Justice Yorokamu Bamwine also observed that delay in delivering justice remains a big challenge to the Judiciary.
He, however, noted that at times it is not their weaknesses. He said the Judiciary would fight hard to ensure cases are expeditiously disposed of. 
Hon. Justice Bamwine, however, noted that while the cause could be reluctance of judicial officers, limited funding also bogs down their efforts. "We are just given 0.6 per cent of the national budget and you say why do cases delay? This budget automatically cannot enable us have the necessary manpower to successfully carry our mandate,” he said.

Magistrates Sworn In and Get Laptops

Uganda’s Chief Justice, Hon. Justice Bart Katureebe vowed to have Magistrates thrown behind the bars if they engage in corruption tendencies.

One of the newly appointed magistrates takes oath

Hon. Justice Katureebe made the remarks on May 7, 2015 during the swearing in ceremony for 8 newly appointed Grade One Magistrates at the High Court in Kampala.

"If you joined the profession in order to make money, then you are in a wrong place or else you will end up in jail. You are here to play an important role in the dispensation of justice and not engaging in other acts,” Hon. Justice Katureebe warned.

"Cases of corruption are there in the Judiciary and its true we are inadequately remunerated but this should not be an excuse to be corrupted. We have to bear with it (little pay) as government gets more resources otherwise do not undermine your career because of money.”

According to the Chief Justice, the Judiciary is crucial in the administration of good governance and all judicial officers ought to live by the oaths they swear on inception to the profession.

"We are an essential ingredient for good governance and it’s a challenge for us to promote administration of justice as part of good governance. Each time you delay giving a judgment, you are delaying justice which is a sign of either incompetence or having been corrupted.”

Hon. Justice Katureebe retorted that Magistrates are key in the restoration of public trust in the judiciary which he said can only be achieved through dispensation of justice independently and in a fair manner to all.

He equated the newly appointed Magistrates to new brooms that sweep clean urging them to always follow their code of conduct while carrying out their duties.

"Your private and public life will always be judged on your code of conduct as the public looks at you as promoters of fundamental freedoms. You should always promote reconciliation between warring parties.”

Meanwhile, the Chief Justice, Hon. Justice Bart Katureebe handed over 47 laptops to Chief Magistrates from courts all over the country. Handing them over at a function held at High Court, Hon. Justice Katureebe noted that this is move intended to ease the work of the judicial officers in their dispensation of justice.

"We are in the new era of technology which necessitates the use of new gadgets for communication, research and keeping in touch with other people in the judiciary in other parts of the world. This will replace the use of papers and help you extend frontiers of justice to all without discrimination,” Katureebe said of the new laptops to the Chief Magistrates.

Ugandans plan crack down on non-governmental organizations

The Ugandan Parliament is due to debate a controversial bill brought by government aimed at clipping the influence of Non-Governmental Organizations (NGO) as the country gears up for the 2016 general elections.

While government argues that the Non-Governmental Organizations Registration (Amendment) Bill 2013 seeks to expand government powers to monitor NGO work, its opponents argue that it is intended to erode civil liberties and entrench political intolerance ahead of the general elections.

The new bill would grant the internal affairs minister and the National Board for NGO broad powers to supervise, approve, inspect, and dissolve all nongovernmental organizations and community based organizations, and would impose severe criminal penalties for violations.

Internal Affairs minister Gen. Aronda Nyakairima who presented the bill before parliament said the bill is a response to some NGOs’ "subversive methods of work and activities which undermine accountability and transparency in the sector".

"If this bill is passed in its current form, it will obstruct the ability of all Ugandans to work collectively through local and international organizations on any research or advocacy that may be deemed critical of the government," said Nicholas Opiyo, executive director of Chapter Four Uganda, said in a statement issued here on April 20.

Under the bill, organizations would be required to apply for an operating permit, which could be denied "where it is in the public interest to refuse to register the organization, or ... for any other reason that the Board may deem relevant."

Activists argue that "public interest" is not defined, which would enable the authorities to interpret the requirement broadly and subjectively.

"Vague and overly broad provisions open the door to silencing peaceful government critics and activists of all sorts," Opio added.

According to the bill, operating without a permit could lead to fines, prosecution, and criminal penalties of between four and eight years in prison for the organization’s directors.

Activists argue that the punitive dimensions of the law threaten well- established international and regional standards of freedom of association to establish and run independent groups and the organizations’ freedom of expression.

In April 2009 eight NGOs challenged Uganda’s current laws regulating organizations before the Constitutional Court.

They contended that some provisions are inconsistent with the country’s Constitution, the International Covenant on Civil and Political Rights (ICCPR), and the East African Community Treaty.

The Court heard the case in February 2014 but no ruling has been issued. Read more

Law on free legal services in offing

The ministry of justice and constitutional affairs is crafting a law to establish a fully-fledged institution to coordinate the provision of free legal aid services.

According to the Justice Centers Uganda – a government program through which free legal services are delivered – the ministry is waiting for the cabinet to approve a policy on legal aid before sending a draft law to parliament.

However, the policy, according the national coordinator of Justice Centers Uganda, Christine Nsubuga, has been before cabinet since 2012.

The piece of legislation, she said, will be presented to parliament after the policy and principles that would govern it have been passed.

 "The cabinet has asked us to justify the need for this law and a national institution to handle legal aid. We have given them our justification but I think the media and the people yearning for justice need to play their part.”

Case backlog issue

The draft law, according to Nsubuga, seeks to set up an agency that will be well staffed and establish more centers across the country to provide free legal services to the people who cannot afford to pay for them.

The chief registrar of the courts of judicature, Paul Gadenya, said the legal aid project is one of the suitable measures of bringing down the case backlog, for the current justice system cannot effectively deal with the cases.

"Ninety-seven per cent (97%) of court users cannot afford services of lawyers. 10% of the cases are handled through alternative dispute resolution," he added.

He explained that 172,000 cases are pending in the justice system, and that 7, 894 cases are pending trial in the High Court. Read more