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