Judiciary, bankers meet to address economic crimes

 Members of the Judiciary and the Association of Bankers (UBA) have met to draw strategies on taming economic crimes.
At a meeting held in Mbarara last week, it was noted that as the banking industry is witnessing significant transformation globally, especially on the technological front, the risk profiles of business have also greatly changed. And therefore, there is need to contain the risks associated with these developments to safeguard the integrity of the banking sector.
Principal Judge Yorokamu Bamwine said: “The Uganda Bankers Association and the national banks at individual levels have made efforts to fight and minimise fraud from the industry but you will discover in the course of time that electronic fraudsters are not ordinary folks, they are intelligent and at times sophiscated people. As we strategise to disarm them, they are now somewhere planning the next move.” 
He challenged the bankers to improve the risk management tools if they are to outsmart fraudsters.
Bank of Uganda Governor Emmanuel Mutebile, in a speech read for him by the executive director in charge of bank supervision, Ms Justine Bagyenda, said the increasing integration of the banking sector into the global financial markets, through cross border banking and capital flows, has heightened exposures to the new sources of risk.
He said the advanced nature of risks calls for unique skills in systems to support investigations and curb electronic fraud. Read more

Museveni, Regional Leaders to Discuss South Sudan Peace Deal

Sudan president Omar al-Bashir is today expected in the country to join other regional heads of state in Kampala for discussions on the progress of a peace deal between the warring parties in the South Sudan conflict.

President Bashir was invited along with Kenya's Uhuru Kenyatta and Ethiopian Prime Minister Hailemariam Desalegn. Mr Desalegn also chairs the regional bloc, Intergovernmental Authority on Development's (Igad) assembly of heads of state.

Today's meeting comes on the heels of the August 17 deadline set by Igad and backed by the international community led by the United States for president Salva Kiir and his former deputy Dr Riek Machar to make peace.

The meeting is a follow-up to last month's summit between US president Barack Obama and select regional heads of state on resolving the South Sudan conflict.

He warned that there is "no time to wait" to end the conflict and warned of economic sanctions and arms blockades if the two parties cannot reach a deal. Read more

Five Suspected ADF Rebels Remanded

Buganda Road Magistrates Court has remanded to Luzira prison five people suspected to belong to Allied Democratic Forces (ADF) rebels over terror-related charges.

The suspects are Musa Buwule, 35, Fazil Musiitwa, 28, Abdurahaman Zizinga, 23, Abdallah Lubega, alias Tonny, 28, and Hussein Seifu, 19, a Congolese national. The suspects appeared before Grade One Magistrate Joan Aciro who read to them five counts.

These included: Belonging to a terrorist organisation, aiding and abetting terrorism, which are contrary to the Anti-terrorism Act of 2002 and forgery and uttering of false documents; which two offences are contrary to the Penal Code Act.

Ms Aciro did not allow the suspects to take plea since a Magistrate's Court does not have the jurisdiction to handle capital offences.

Prosecution states that the suspects and others still at large, between December 2014 and January 2015 in the area of Kanungu, Mukono, Buikwe, Buvuma and Iganga districts, willfully joined ADF, a terrorist organisation fighting the government of Uganda and well knowing that there was rebel recruitment, they concealed the information.

On the count of aiding and abetting terrorism, the prosecution contends that Seifu on the January 12, 2015, at Butogota border in Kanungu district, aided Buwule and Musiitwa, knowing the support he (Seifu) was giving will be used for the preparation of acts of terrorism. Read more

President okays national legal aid scheme

President Museveni with the Chief Justice, Deputy Chief Justice, the Principal Judge and other Judges at Munyonyo Resort

The recently concluded Legal Aid Conference has set the stage for free legal services to the poor.  Annually, Legal Aid Service Provider’s Network (LASPNET) with support from the Democratic Governance Facility (DGF) and the Justice Law and Order Sector (JLOS), Justice Centres Uganda and other non-state actors hold a conference to discuss Legal Aid service provision in Uganda and to track its progress.

The third National Legal Aid Conference took place on August 9-10, 2015 at Speke Resort Munyonyo with the theme, “Sustainable Funding and Legal Aid Service Delivery by the State”.

President Museveni was the chief guest. In his speech, the president said the law on legal aid is in the works. He said, “…That is why I committed Government in 2014 to enacting a law on legal aid and I would like to assure Ugandans that in due course a Legal Aid Bill will be introduced in Parliament.”

He commended the Justice Law and Order Sector’s efforts in spearheading efforts to prioritise the ordinary and vulnerable people who go to courts in search of justice.

He said, “The proposal for a National Legal Aid Scheme is very welcome and is part of the NRM Government’s cherished desires to restore the rule of law in Uganda…the scheme will buttress our efforts to promote sustainable development, prosperity and enduring peace.

President Museveni however said, it would be a futile outreach if justice delivery remains slow, urban-based and limited to court rooms.

In his remarks, Hon Justice Bart Katureebe, the chief justice said the theme of the conference was derived as a response to the need to address the need to address delays and injustice in the administration of justice. He said, “on average, cases take too long to resolve, resulting in the administration of justice.”

The chief justice added, “…the common person needs empowerment to benefit from the justice system.

He said the establishment of a holistic legal aid system in Uganda is long overdue and requires support from the government.

The conference according to Hon Mwesigwa Rukutana the Deputy Attorney general and state Minister for Justice and constitutional affairs was to create awareness about the on-going efforts to establish a Policy, Law and National Institution on Legal Aid.

Legal Aid is the provision of free legal services to the poor, vulnerable and marginalized people who cannot afford the services of paid lawyers.

While revealing the essence of the provision of legal aid, Rukutana said, “Article 21 of the Constitutionof the Republic of Uganda provides for Equality before the Law. To ensure equality of all persons before the Law and to enhance access to Justice therefore the provision of Legal Aid is critical.

JLOS with support from the DGF and in consultation with other state and non state actors developed the National Legal Aid Policy which is currently before cabinet for approval.

After approval, the National Legal Aid Bill will be tabled before Parliament and passing of this law will result in the establishment of a National Body with a mandate to provide Legal Aid across all areas of the Law.

The 3rd National Legal Aid Conference #3rdNLAC

Background

Legal aid is the provision of free or subsidised legal services to mainly poor and vulnerable people who cannot afford the services of paid lawyers. The right to legal aid is well entrenched in the International and Regional human rights treaty framework to most of which Uganda is a state party. The provision of legal aid addresses the concerns of the poor and vulnerable by focusing on challenges arising from: affordability of user costs, lack of legal representation, and alienation due to technicalities, language and ignorance of legal rights.

Poverty, ignorance of the law, the effect of armed conflict, disability or other vulnerability or marginalization are some of the factors that undermine access to justice for the majority of Ugandans. The provision of Legal Aid will greatly contribute to the empowerment of individuals and communities – a key ingredient of poverty reduction efforts thereby contributing to economic development. 

The provision of Legal Aid by the state will not only benefit particular affected individuals but the state as a whole. It will reduce case backlog by ensuring that litigants do not file frivolous cases. In turn, the time that would have been spent in the lengthy litigation process will be used to engage in productive activities. The Government of Uganda banks on the agricultural sector to boost economic growth. Notably, Agriculture in Uganda is done in the rural areas by the people who are most affected by poverty. When these people interface with the Justice system, they usually spend their little earnings, in the unpredictable and lengthy litigation. With legal Aid, such persons would be given appropriate legal advice, which would save their time and see them invest their energies in productive work.

About the Conference

Every year, with support from Democratic Governance Facility (DGF) and the Justice Law and Order Sector (JLOS), Justice Centres Uganda and other non-state actors under the Legal Aid Service Provider’s Network (LASPNET) brings together key decision makers to discuss Legal Aid service provision in Uganda and to track its progress. This year’s conference is organized under the theme; “Sustainable Funding and Legal Aid Service Delivery by the State” and shall be held from August 9-10, 2015 at Speke Resort Munyonyo, Kampala. H.E the President of the Republic of Uganda is expected to grace the occasion as the chief guest. By drawing lessons from other Jurisdictions such as South Africa where the Legal Aid scheme has worked excellently and with guidance from key stakeholders in the Government of Uganda, participants will discuss the sustainability of a state funded Legal Aid Body in Uganda.

Conference Objectives

The 3rd Annual Legal Aid Conference is intended;

1) To discuss the current efforts to establish a National Legal Aid body.

2) To discuss the sustainability of a state funded Legal Aid Body.

3) To share the lessons and best practices learnt in Legal Aid service delivery.

Target Audience

The conference shall bring together key stakeholders, policy and decision makers in Uganda including representatives from the Executive, Parliament, Judiciary, other Government Diplomatic missions and civil society organisations among others.

COURT BANS REFUND OF BRIDE PRICE

Chief Justice, Bart Katureebe

Uganda's top court on Thursday banned the practice of refunding bride price — normally livestock given by the groom to his wife's family — when a marriage ends in divorce.

The Supreme Court agreed with activists that the practice undermines the dignity of women, but it upheld the practice of paying bride price.

"Refunding compromises the dignity of the woman," said Chief Justice Bart Katureebe, according to Uganda’s Daily Monitor.

Activists who petitioned the court hoped that the whole culture of bride price would be declared unconstitutional on the grounds that it reduces women to the status of property.

Still, Leah Nabunnya, a spokeswoman for the Mifumi Project, a Ugandan group that launched the case, said the court's decision is a victory for women's rights. "The court's pronouncement is a win for us," she said. Read more

Justice Odoki's Contract Expires

The two-year contract extension that President Museveni gave to immediate former Chief Justice Benjamin Odoki and three other justices of the Supreme Court has expired.

According to reliable sources in the Judiciary, the two-year contract extension ended last Friday (July 31). The other acting justices of the Supreme Court, whose contracts ended include John Wilson Tsekooko, Galdino Okello and Christine Nakaseta Binayisa Kitumba.

However, the three acting justices will remain around for the next three months to complete any pending chamber work before they can finally leave the Judiciary in October.

President Museveni reappointed the justices from their retirement in August 2013, given the shortage of experienced judges to fill the vacant positions in the highest court in the land.

It was also during this same period that President Museveni expressed interest to have retired Chief Justice Odoki bounce back as Chief Justice. But the President's move was met with a lot of resistance. Western Youth MP Gerald Karuhanga petitioned the Constitutional Court that agreed with him that indeed a retired Chief Justice cannot be reappointed.

Justice Tsekooko confirmed to Daily Monitor this development. "It is true our two-year extension has expired," he said in a telephone interview, adding: "Personally, it was an opportune moment to contribute to the Judiciary's performance again."

The two-year contract extension that President Museveni gave to immediate former Chief Justice Benjamin Odoki and three other justices of the Supreme Court has expired.

According to reliable sources in the Judiciary, the two-year contract extension ended last Friday (July 31). The other acting justices of the Supreme Court, whose contracts ended include John Wilson Tsekooko, Galdino Okello and Christine Nakaseta Binayisa Kitumba.

However, the three acting justices will remain around for the next three months to complete any pending chamber work before they can finally leave the Judiciary in October.

President Museveni reappointed the justices from their retirement in August 2013, given the shortage of experienced judges to fill the vacant positions in the highest court in the land.

It was also during this same period that President Museveni expressed interest to have retired Chief Justice Odoki bounce back as Chief Justice. But the President's move was met with a lot of resistance. Western Youth MP Gerald Karuhanga petitioned the Constitutional Court that agreed with him that indeed a retired Chief Justice cannot be reappointed.

Justice Tsekooko confirmed to Daily Monitor this development. "It is true our two-year extension has expired," he said in a telephone interview, adding: "Personally, it was an opportune moment to contribute to the Judiciary's performance again." Read more

Recounting the Attack On Uganda Muslim Supreme Council Headquarters

They came chanting, "Takbir, Allah Akbar" and attacked anyone who dared to stop their mission.

As they approached Old Kampala mosque, the headquarters of Uganda Muslim Supreme Council, no stone was left unturned. It is here they declared Jihad - the Islamic holy war, according, Hajj Muzamir Luswaata, 65, as he recalls incidents of the March 22, 1991 during the Tabliq attack.

It was a Friday mid-afternoon, a group of young Muslim men stormed UMSC at the Agha Khan Mosque on Namirembe Road.

Their mission was to forcefully remove the elected Mufti whom they branded a "moving dead", who deserved not to lead a Muslim community.

Sheikh Ibrahim Saad Luwemba was then the Mufti, following an election that resulted from a protracted deliberation between the two warring factions, spearheaded by Sheikh Obedi Kamulegeya and Kassim Mulumba.

Sheikh Mulumba's group on the other hand fronted and paid allegiance to Sheikh Rajab Kakooza as their lawful Mufti, who, before the Supreme Court installed Sheikh Luwemba, was acting on interim basis having been installed by Sheikh Kamulegeya. Read more

Re-Examine Validity of the Death Penalty

His Holiness Pope Francis is scheduled to visit Uganda in November 2015. One thing most Ugandans do not know about him is that he supports the abolition of the death penalty. On March 20, His Holiness wrote a letter to the International Commission against the Death Penalty (ICDP) on the matter. As an individual who supports the abolition of the death penalty, I wanted to highlight some of the arguments His Holiness put forward in the letter.

In his letter to the ICDP, His Holiness argued that the death penalty undermines the purpose of punishment. Punishment has five purposes namely: retribution, deterrence, rehabilitation, reconciliation and restorative justice. The death penalty solely serves a purpose of retribution as vengeance for the crime that was committed and undermines the wholesome purpose of punishment. As His Holiness rightly states, "It does not render justice to the victims, but rather foments revenge". If the death penalty is replaced with long-term imprisonment, the offender is able to appreciate the wholesome purpose of punishment by participating in the rehabilitative, reconciliation and restorative aspect. With regard to the second purpose - deterrence - proponents of the death penalty have often argued that the death penalty deters crime. There has, however, been no empirical evidence to support this argument. In 2009, Micheal L. Radelet and Traci L. Lacock published the results of their study that revealed; 88 per cent of leading criminologists believed that the death penalty does not have a greater deterrent effect than long-term imprisonment.

Our lawmakers should, therefore, consider replacing the death penalty with long-term imprisonment. Imposition of the death penalty negates the other three purposes of punishment - rehabilitation, reconciliation and restorative justice. Indeed, punishment in Uganda has traditionally focused on retribution and deterrence. More emphasis should be put on rehabilitation, reconciliation and restorative justice. Read more

Journalists in Court Over Closed Vetting Sessions

Two journalists have petitioned the Constitutional Court challenging rule 153(2) of the Rules of Procedure of Parliament that grants that the proceedings of the appointments committee be closed to the press and general public.

Mr Simon Kaggwa-Njala and Mr Sulaiman Kakaire alongside Legal Brains Trust Ltd, a legal aid service provider, filed their petition before court on Friday.

The journalists, in their petition, contend that vetting of high ranking people behind closed doors denies the public opportunity to scrutinise their leaders.

"The impugned rule conceals the process through which high ranking public officials are sought, vetted and approved and thus disempowers the public from effectively knowing about, scrutinising and participating in the appointment of individuals who will make decisions affecting their rights contrary to Article 38 (1) of the Constitution," the petition reads in part.

The complainants argued that during vetting of presidential appointees, journalists only learn of what transpires in the appointments committee room through well-wishers who attend the proceedings and volunteer information.

They argued that the kind of information they receive is skewed, which is a disservice to the public.

The Presidential appointees who mainly appear before this committee for vetting as demanded by the Constitution include judges, Cabinet ministers, the IGG, the Chief Justice, the Deputy Chief Justice, heads of commissions and statutory authorities.

The journalists also claim that this arrangement impinges on the practice of democratic governance in the country as it denies the public and the press an opportunity to observe, scrutinise and participate in the crucial decision making process of Parliament. Read more

Judiciary needs better pay - Justice Choudry

Retired High Court Judge Anup Singh Choudry has warned that unless salaries for judicial officers are improved, the temptation for corruption will always remain rife.

“We now read of allegations of a judge demanding a sh500m bribe.  Almost every judge is accused of alleged bribery and this is not healthy or good neither for the integrity or morale of the judiciary nor for public confidence in those who are trusted to discharge justice,” Choudry said.

Speaking to The New Vision from his holiday home in Malta on phone, Choudry asked Justice Bart Katureebe, who he described as a man of the highest integrity, to disclose the names of all unscrupulous judicial officers in the best interest of  the judiciary. 

However, Choudry said that "the judiciary needs to be sexed up with decent salaries, better terms and conditions  in retirement" if it is to attract personnel with high intellectual grasp for swift disposal of cases both from Uganda and abroad. 

“The government has done a magnificent job in bringing peace, security, tranquilly in the country and in making economic strides that has given Uganda a global recognition.  An inverse of judicial funding, compared with some other national institutions in the country, is false economy to sustain an impecunious Judiciary pivotal to the rule of law, and our economic development,” he asserted.                      Written by New Vision

Court Strips Minister of Powers to Release Mentally Ill Prisoners

A landmark court ruling has stripped Justice minister of powers to release mentally challenged prisoners.

The landmark court ruling was delivered by High Court judge David Batema on July 10 in Fort Portal.

Core to the judge's ruling is that the old practice of waiting for the minister's orders as precondition to release mentally challenged prisoners was giving away the judicial powers to the minister, which powers are vested in the Judiciary by the people of Uganda.

The judge said the Constitution demands that the Judiciary must be independent in executing its work, and that having to wait for the minister's orders interfered with its independence.

Though the judge did not directly rule on the children who are in conflict with the law and are also waiting for the minister's orders to be released, the same landmark ruling could apply to such scenarios.

"I am of the strong belief that the trial court retains the power to issue special orders for the confinement, discharge, treatment or otherwise deal with the prisoner that is insane or has ceased to be insane. That criminal file remains open, pending the Judge's special orders. It is not done with until all is done with the prisoner" ruled the judge.

He added: "Any court waiting for the minister's orders is giving away the independence of the Judiciary and is in one way or another accepting to be ordered around by the minister who, as experience has shown, is too busy to issue the orders. Courts should not allow any law or practice that ousts the jurisdiction of court and hold the courts at ransom in judicial matters. I stand to be corrected." Read more

Punish errant judicial officials, reward the good ones

At a recent Entebbe Magistrates Court Open Day, there was a message of hope for the ‘wretched of the earth’ delivered by the Principal Judge Justice Yorokamu Bamwine. According to the topmost administrative official at the High Court and the Magistrate’s courts, he will crack the whip against corrupt and errant judicial officials, in a bid to clean the image of the judiciary.

According to the Inspectorate of Government, over the past few years the judiciary has been competing with the Uganda Police Force, for the two top positions in regard to corruption in this country.

The corruption in the justice system in Uganda is manifest in various ways, among them delayed rulings, absenteeism, missing files for the litigants and, outright demanding and taking of bribes in form of money, and, despite the warning coming a tart late, Justice Bamwine deserves a pat on the back.

As one of the three arms of government, the judiciary in Uganda is supposed to play an important role in promoting democracy and good governance by ensuring the rule of law is upheld. It also supposed to champion equity and justice by promoting human rights, failure of which an anarchical situation is born, mostly affecting the less privileged who are unable to buy their way out.

Indeed, so many people have lost time, property and even life at the expense of capricious judicial officials, something that has put a blemish on the judiciary as an institution. Read more

Tour Firm Petitions Chief Justice to Probe Justice Odoki

The case against Crane Bank and Ms Fang Min is not over despite a Supreme Court decision in their favour.

The proprietors of Belex Tours and Travel Limited, have petitioned the Chief Justice Bart Katureebe, seeking an inquiry against Justice Benjamin Odoki alleging 'irregular conduct' of the judge in determination of the case which Crane Bank and Ms Fang Min won on the final appeal.

Petition

In a July 10 petition to the Chief Justice, Belex Tours and Travel is seeking a review of the July 8 majority judgment by Justice Odoki and an inquiry into his alleged irregular conduct in handling the appeal.

"We are alarmed that the learned Justice Odoki blatantly dismissed the evidence of fraud found by the Court of Appeal as mere conjecture and attractive reasoning," reads the petition which describes Odoki's judgment as 'a fundamental departure, contradiction and deviation' from the Supreme Court precedents.

According to the petition where Belex Tours and Travel is also seeking President Museveni's intervention, the Supreme Court set a law that courts will not permit parties to benefit from their illegal and fraudulent transactions to the detriment of others.

On July 8, the Supreme Court cleared Crane Bank and the proprietor of Fang Fang Hotel of fraud after it overturned a lower court's order to pay the tour and travel firm over Shs194m. Read more