Monday, 26 October 2015

Help us clean up the State - President Museveni appeals to Judiciary

 President Yoweri Museveni said criminal political leaders are a disaster to the country and warned that idealists have been replaced by politicians using bribery and corruption to seek jobs rather than using their offices as a platform for strategy for direction.
The President made these remarks on October 23, 2015 during his interaction with nine of the 11 Justices he recently elevated to the Court of Appeal and Supreme Court. Hon. Justice Cheborion Barishaki, one of the newly appointed Justices of the Court of Appeal, was also sworn in at the ceremony at State House in Entebbe.
The new Supreme Court Justices at the ceremony included Hon. Justice Augustine Nshimye, Hon. Lady Justice Faith Mwondha, Hon. Justice Rubby Aweri Opio, and Hon. Justice Eldad Mwangusya. Hon. Lady Justice Prof. Lillian Tibatemwa Ekirikubinza was absent at the swearing in ceremony.
Court of Appeal Justices present were Hon. Justice Alfonse Owiny-Dollo, Hon. Justice Simon Mugenyi Byabakama, Hon. Lady Justice Catherine Bamugemereire, Hon. Lady Justice Hellen Obura and Hon. Lady Justice Elizabeth Musoke. Hon. Justice Paul Mugamba, who was also elevated from the High Court to the Court of Appeal, was absent, as he is set to be vetted by Parliament on October 29,2015.
President Museveni said bribery disenfranchises the people and interferes with their sovereignty, adding, that what the people of Uganda do not approve should not happen. He said: "The Judiciary is helping us in the battle to have criminal political leaders accountable. It is a disaster for the country! You are given money for constituency you steal it, and you are an honorable member in Parliament...how will the country move forward?
"With corruption, people of Uganda sell their birthright. If we don’t clean the political side, it will affect the army. We shall go back to square one. It is dangerous to our country,” he said.
The President urged the Judiciary to clean its side, and that the Executive and Parliament, the other two arms of the state, clean the political side.
 "We are struggling to make young people regain ideological aims rather than just mercenary aims and political careerism. They think politics is a job. You know what to do to clean up judiciary which will help us clean the other side,” he said.
"The NRM government has been fighting to democratize and de-criminalize the state among other issues like integration of Africa. We had moved very well on the political side and the side of the army. We were building a disciplined political class. But the political class is going backwards now, because idealists who were pushing NRM in earlier years have been replaced by careerists and job seekers. There is regression in that area – money, bribes etc making it quite a struggle. But I can assure you we shall defeat these traitors taking us backwards,” he said.
On the issue of the independence of Judiciary President Museveni said independence does not mean fragmentation…There must be coordination,” he said.
The Chief Justice, Hon. Justice Bart Katureebe, congratulated the Justices on their professional elevation.
He also congratulated Hon. Justice Cheborion Barishaki for his appointment to the Court of Appeal, describing him as one of the "better officers” he had during his reign as Attorney General.
"This achievement in the your professional career must be guarded jealously bearing in mind the need for Judges to observe at all times cardinal principals of impartiality, independence, diligence, equality and propriety which underpin successful career on the bench.
President Museveni posses for a group photo with new Justices of the Courts of Judicature after their swearing in ceremony at Entebbe State House yesterday Oct 23, 2015
He castigated sentiments from corners of the public that it is wrong for the Judiciary to engage with the Executive. "We have a duty to keep knocking on the doors of the Executive and the Legislature because that is the way we can get the necessary tools to do our work as Judiciary,” he said.
Hon. Justice Katureebe said he was confident that with the coming of the new Justices to the Court of Appeal and Supreme Court, many pending matters will be handled. He said the 4,000 appeals in the Court of Appeal will soon be dealt with, and that the Court will soon start up-country sessions to offer speedy justice to the people. 
 "We are committed to building confidence in the judicial system in this country,” he added. 
He appealed to the President to appoint more Judges to the High Court, which he said is currently depleted – with only 45 Judges – following the recent elevation and retirement of some Judges.
Hon. Justice Katureebe said he is looking towards re-hiring some of the retired Judges willing to help clear the backlog in the courts. "We want the retired Judges to come in whenever there is need, and also to keep them active and respected,” he said.
 The President said he supports the idea of Judges retiring with their full pay and full facilities. "I know that lawyers in private legal practice work a lot and equally earn a lot, but all we need to do for the judicial officers is to maintain stability in their earnings up to the end. Ideally, Judges should not regret why they ever joined the bench – making them regret will bring us bad luck,” he said.
"I am fully behind this arrangement. The last time I read the Constitution, it indicated that all executive powers were vested in the president – all these people including members of the cabinet are under my direction – so I don’t know who is going to be against this. I am fully convinced on this one.
Yes, you can utilize these Judges to solve a problem if they still have the capacity to do some work. They should come and help – like Mzee Odoki (former Chief Justice).”

How Africa Can Fix the International Criminal Court

The demand of South Africa's ruling African National Congress that the government should pull out of the International Criminal Court is defeatist, naïve and reactionary, saysProfessor John Dugard, the country's pre-eminent expert on international law. In a guest column for AllAfrica, he writes that African states have largely themselves to blame for the fact that the continent has been singled out by the ICC, and rather than withdraw they should use their political muscle to ensure that prosecutions are brought against non-African leaders. Professor Dugard currently sits as a judge ad hoc in the International Court of Justice (ICJ). More commonly known as the World Court, the ICJ is the principal judicial organ of the United Nations and adjudicates on disputes between states.
Africa occupies a key position in the International Criminal Court (ICC). It is the largest regional group with 34 member states; the present prosecutor of the court is an African woman - Fatou Bensouda of The Gambia; and four of the 18 judges on the court are from Africa, including the vice president, Joyce Aluoch of Kenya. Africa is not therefore a marginal player in the ICC.
Despite this the ICC is more criticized in Africa than any other continent. In large measure this criticism comes from the leaders of non-member states, such as President Robert Mugabe of Zimbabwe and President Omar al Bashir of Sudan, who are themselves accused of committing international crimes.
But the leaders of member states, whose judges serve or have served on the court, have given support to the criticism and condemnation of the court. Perhaps the three most vocal leaders of this group are Presidents Uhuru Kenyatta of Kenya, Yoweri Museveni of Uganda and Jacob Zuma of South Africa. Read more

Sunday, 25 October 2015

Kick out corrupt officials, judges told

  President Museveni has told the new 12 judges of the Supreme Court and Court of Appeal/Constitutional Court to weed out corrupt politicians and public officials.
According to Mr Solomon Muyita, the Judiciary senior communications officer, President Museveni told the judges during the closed swearing-in ceremony at State House Entebbe, on Friday morning.
The President was quoted to have spoken tough on politicians who join politics with a greedy motive of making money and bribing voters to get elected.
According to Mr Muyita, Mr Museveni cited the example of Bukonzo East MP Yokasi Bihande Bwambale who was recently removed from Parliament by the Constitutional Court following his conviction for corruption in the High Court for stealing Shs20m of the Constituency Development Fund.
“The NRM has been decriminalising the State. There was widespread undemocratic rule, criminal killing of people, robberies, condoning rape as well as destruction of animal parks (in the past governments). We have been organising the politics of the country and built a disciplined army,” Mr Muyita quoted the President as telling the judges. Read more

Thursday, 15 October 2015

THE 20TH ANNUAL JOINT GOVERNMENT OF UGANDA AND DEVELOPMENT PARTNERS JLOS REVIEW (Speke Resort Munyonyo, October 15 2015)

Chief Justice Bart Katureebe at the conference

The Justice Law and Order Sector (JLOS) Annual Report 2014/15, provides information on the performance of the Sector for Financial Year 2014/15.


The outputs, their indicators and associated targets, and actions outlined in FY2014/15 sector work plan and budget are used as the framework for the analysis. Outcomes are highlighted and analyzed. The performance information in the report is generated from the analysis of the data from sector submissions which are attached as annexes to this report.

The JLOS report is therefore, a strategic report, tracking progress and results information in the outcome areas of JLOS business to enable the sector and development partners as well as other key stakeholders to assess performance in the implementation of the Sector Investment Plan (SIP). The progress report is about the totality of the JLOS resource envelope which includes the SWAp basket fund, GoU recurrent and development expenditure as well as other multilateral and bilateral project support that the sector institutions accessed during the FY 2014/15.

We however note that as opposed to the previous year when the sector received over 57 billion given the generous support of the JLOS development partners such as Sweden, this year the sector operated with a serious resource constraint under the SWAp fund with only 50% of the expected resources. This was partly due to non-release of funds by some of the JLOS DPG particularly Sweden and Netherlands who have been supporting the biggest percentage of the budget. It is therefore necessary that any assessment of our performance should take into consideration this particular challenge. The non-release of funds by Netherlands was on account of the enactment of the Anti-homosexuality law.

The report follows the SIPIII structure and tracks progress against targets set out in the JLOS Monitoring and Evaluation Plan. We should also note that this is the third report under SIPIII and therefore tracks the extent to which we have moved given our commitments under the investment plan.

The report is divided into five chapters. Chapter One provides an introduction and overview of sector performance, Chapter two details progress under outcome one, chapter three progress under outcome two, chapter four progress under outcome three, chapter five, programme management and chapter six covers  financial performance.

The sector goal under the SIPIII is to promote the rule of law. This is reflected in the target to increase public satisfaction with JLOS services from 60% in 2011 according to the JLOS baseline survey 2012 to 70% by 2016. The sector is also striving to improve public confidence in the justice system from 26% in 2012 to 44% in 2016 and enhancing the index of judicial independence from 3.8 to 4 in 2016.

OVERVIEW AND KEY HIGHLIGHTS OF THE 2014/15 SECTOR PERFORMANCE

Finally after a two year wait, the Sector has a substantive Chief Justice and Deputy Chief Justice. As a sector we believe that with the sector leadership now fully constituted we are on the road to takeoff. We have high hopes that we shall now score more highly in public trust as well as independence of our judicial processes.

Sector institutions were involved in legal reform and drafting of legislation with many such Bills now before Parliament. However the increasing enlightenment of society has generated greater debate on legal and policy issues. This has come with an increased need for consultation on all laws proposed and has not only increased cost of law reform in money terms but time as well.

The sector also record breaking recruitments in crime fighting agencies such as, UPF with 4,906 Probationary Police Constables and 728 cadets passed out while 3,500 police constables and 500 cadets are training at PTS Kabalye, UPS with 1,250 Prison Warders and Wardresses admitted and commissioned and the DPP with over 90 state attorneys recruited.

The sector now has a complete chain of frontline JLOS service points operating from own buildings in 53.6% of the districts[1]. However following poor performance of the sector budget this financial year, there was stagnation in new construction projects and if funding does not improve in the coming financial year we are likely to fall behind in the percentage coverage of districts. This is likely to be further compounded by the creation of new districts.

JLOS agencies involved in the fight against crime are commended, for effectively managing to keep the levels of crime low and enhancing the speed of disposal of criminal cases, arising out of the enhanced capacity to investigate, prosecute, and adjudicate cases as well as rehabilitation of inmates. This is exemplified by the high conviction rates, standing at about 64%, reducing rates of recidivism and increased disposal rate of cases which now stands at 95.8% if taken as a proportion of cases registered over the same time period. Our challenge is growth in organized and violent crime, leading to prolific and high profile murders that have claimed the lives of innocent Ugandans. In the reporting period, plea bargaining was piloted targeting persons who were committed for trial in the High Court. This intervention is commended for reducing overstay on remand for capital offenders to 10.5 months over the reporting period as well as the reduction in the committed population and remand prisoners from 56% to 54%.

Arua Remand home is now finally operational, reducing the burden on the districts in West Nile that had to remand juveniles in Kampala or Gulu, leading to miscarriage of justice since many such cases would be dismissed for failure to deliver suspects to court. However given the investment and the capacity of the remand home, there is need for review of its operations such that it serves as both a remand home and a rehabilitation centre for juveniles sentenced to rehabilitation in Kampiringisa.

The sector is on course to eliminate the bucket system in places of detention with a critical focus on the Prison Service. With investments made earlier and commitment to fund 40 other such prison sanitation projects we have now achieved 76%.

The UHRC annual report 2014/15 shows an 11% reduction in complaints of alleged human rights complaints against the UPF. This is testimony that continued civic education as well as sensitization of duty bearers, has positive impact on the deepening of the human rights culture in the sector.

The Anti-Corruption Court is now fully operational following the resolution of the Constitutional challenge to its operations. In the reporting period according to statistics from the Judiciary CAAS, the number of cases disposed as a proportion of those filed, increased from 45% in 2013/14 to now 124% in the reporting period.

Arua Remand home is now finally operational, reducing the burden on the districts in West Nile that had to remand juveniles in Kampala or Gulu. This is will reduce the resulting miscarriage of justice since many such cases would previously be dismissed for failure to deliver suspects to court.

The sector has now taken a leap forward and rolled out ADR in other focus areas such as family, land and other civil matters both in Judicial and quasi-judicial institutions. This is critical for improved delivery of justice.
Improvements have been recorded in financial management, with growing absorption rates as well as higher fiduciary discipline. The number of sector institutions returning clean audits in FY2013/14 grew 7 fold and the SWAP fund also returned a clean audit.

DCIC made significant progress in implementation of the National ID project, especially the mass enrolment and issuance of National IDs. Currently out of the over 18 million persons enrolled over 6 million have already received their National Identity Cards.

The above achievements not withstanding there is need for massive publicity calling upon those registered to pick up their national IDs and for the creation of permanent centres where this exercise is undertaken. 

Secondly the sector must address the challenge arising out of the fact that most JLOS service points save for policing, are largely urban based and at district headquarters. The sector must go down to the county and sub-county levels. There is need to fast track the rationalization of magisterial areas and recruit more Magistrates Grade I to replace Magistrates Grade II that are being phased out so that a vacuum is not created by their departure. Such a vacuum may lead to people resorting to shortcuts such as mob justice to achieve their own mode of justice.

Government is called upon to address the continued non functionality of LC Courts I and II.
The state of infrastructure and land ownership in former Local Administration Prisons (LAP) has to some extent delayed implementation of programmes to improve some of the prison units.
The efforts of the UPF are commended but there is need to address the continued non-compliance with the 48 hour rule which features highly among the complaints lodged in the UHRC.

To promote the fight against corruption the sector must de-concentrate the anti-corruption court to ensure that it is not a Kampala preserve that increases operational costs of other JLOS institutions that service the court.

Given the investment and the capacity of the remand homes, there is need for review of s operations such that they serve as both a remand home and a rehabilitation centre for juveniles sentenced to rehabilitation in Kampiringisa.





Wednesday, 14 October 2015

The Ugandan Nominated for the Nobel Peace Prize

There was high level anticipation last week in the run-up to the 2015 Nobel Peace Prize. Uganda faced the possibility of getting its first ever peace laureate.
Victor Ochen, a Ugandan peace and human rights campaigner, had been nominated for the coveted prize.
Despite being nominated for the prestigious prize along with great men and women such as Pope Francis; German Chancellor Angela Merkel, US Secretary of State John Kerry and Iranian Foreign minister Mohammad Javad Zarif, Ochen stood a chance to win the prize.
The five-member Norwegian Nobel Prize Committee has over the years gained a reputation of awarding little known individuals and organisations.
In 2009, US President Barack Obama was named winner yet he hardly had any significant peace achievement. The New York Times described Obama's win as a "stunning surprise". Read more

Tuesday, 13 October 2015

Electoral Commission in Court Over Mbabazi Rallies

The legal battle between four Electoral Commission (EC) officials and a city lawyer who sued them for stopping Amama Mbabazi's consultative meetings in eastern Uganda begins today, Monday, at the High court in Kampala.
The four officials who were sued in their individual capacities by one Charles Nsubuga are: Badru Kiggundu (Chairman EC), Jotham Taremwa (Spokesperson EC), Sam Rwakoojo (Secretary EC) and Paul Bukenya (Deputy Spokesperson EC).
On September 13, 2015, Kale Kayihura, the Inspector General of Police, at the urging of EC officials, wrote to Mbabazi stopping him from holding countrywide consultative meetings meant to promote his presidential bid. Read more

Monday, 12 October 2015

Principal Judge shuffles High Court Judges - 22 High Court Judge Positions Still Vacant

The Principal Judge, Hon. Justice Dr. Yorokamu Bamwine has made changes in the High Court, re-deploying some judges and assigning others extra responsibilities.
According to an Administrative Circular No. 01. Of 2015 issued on October 8, the changes are intended to fill gaps left by some retiring Judges, those on special assignments and Judges recently elevated to the Court of Appeal.
The Circular also reveals that there are currently 22 vacant Judge positions in the High Court.
At least 11 extra Judges are required in the Criminal, Family, Land, Commercial, and International Crimes Divisions of the High Court – each with two vacancies, and the Anti-Corruption Division with one vacancy. Another 11 judges are required in the High Court Circuits of Lira, Arua, Masaka, Mbale, Soroti, Gulu, Fort Portal, Kabale, Jinja, Masindi, and in the Central Circuit at Nakawa – each with one vacancy. 
"Following the recent appointments within the judicial service and in consultation with the Hon. Chief Justice, the following changes take effect,” wrote Hon. Justice Bamwine.
The deployments are subject to the Judges’ completion of partly heard cases in advanced stage at old stations, with December 31, 2015 being cut-off date, according to the Circular.
"As per the advice of Parliament to the appointing authority, promoted Judges are to first complete writing the pending judgments/rulings in matters they have completed hearing before assuming their new positions,” wrote Hon. Justice Bamwine. View posting here

Ugandan Judiciary hailed for prompt handling of election petitions

The Ugandan Judiciary has been praised for the prompt handling of election petitions by the African Peer Review Mechanism
A country assessment report by the African Peer Review Mechanism presented to the plenary of the Pan African Parliament sitting in Midrand,South Africa notes that despite having resource constraints, the judiciary made an extraordinary effort to handle election petitions promptly following the first ever multiparty elections of 2006.
The report notes that the entire backlog of election petitions was completed within a period of two months by the Supreme Court. Read more

Museveni receives UNRA probe report

President Yoweri Museveni has commended the tremendous work done by members of the Judicial Commission of Inquiry into allegations of corruption in the Uganda National Roads’ Authority (UNRA). 
The President said that by turning in such work of fighting thieves, the members of the Judicial Commission of Inquiry were increasing their chances of going to heaven.

“Thank you for the tremendous work. For me, I fought my wars and you children should fight your simple wars such as this one of thieves," he said.

The President made the remarks on Thursday evening at State House, Entebbe where he eceived a report emanating from the Commission of Inquiry into alleged mismanagement, abuse of office and corrupt practices in the Uganda National Roads’ Authority (UNRA).

Present were the Minister of Works and Transport, Eng. John Byabagambi, the Attorney General, Fred Ruhindi and the Executive Director of the Uganda National Roads’ Authority (UNRA), Mrs. Allen Kagina, among others.

President Museveni appointed the 5-member Judicial Commission, chaired by Uganda High Court’s Lady Justice Catherine Bamugemereire, on June 8th this year, to probe malpractices in UNRA and report to him in 90 days. 
The Judicial Commission was sworn-in by the Chief Justice, Justice Bart Katureebe, on 22nd June at the Judiciary headquarters in Kampala. Read more

Judges to Discuss Judicial Reforms

Judges have called for broad administrative reforms aimed at improving the justice system in Uganda. Among the raft of proposed reforms, judges want children to testify in court without supporting prosecution evidence and are also calling for an end to the cancellation of suspects' bail upon committal to the High court.
The judges also want the minister of justice and constitutional affairs stripped of powers to handle insane suspects. The proposals stem from a government process to reform laws on civil and criminal matters aimed largely at modernizing the justice system and making it competitive, affordable and results-oriented.
Last month, the Uganda Law Reform Commission organized a judges' meeting that discussed various proposed amendments to the current justice system aimed at removing bottlenecks to speedy trials. Read more

Tuesday, 6 October 2015

Chief Justice wants corrupt judges exposed

CHIEF Justice Bart Katureebe has asked the people of Teso to expose magistrates and judges that ask for bribes while handling their cases.

Katureebe said magistrates or judges who ask for bribes shall not be tolerated to continue presiding in courts of law because that desecrates the temple of justice.

"We are here as your servants and when you get a magistrate, a judge or even a chief justice asking you for a bribe, there is no compromise. If you hide it you do so at your own risk because you are sabotaging yourself," Katureebe said.

He was speaking during the open day discussion with members of the public and the leaders of Teso during his first visit of Teso since he was appointed.

He assured the people that there shall be no claims against his office that shall not be investigated by a special unit charged with responsibility of investigating cases arising from complaints from the members of the public.

Turning on politicians, Katureebe warned them to desist from interfering with the work of magistrates and judges.

"You the LC5s use your legislative and executive powers to do your job, but if a citizen of Uganda feels that you have stepped on his toes while executing your job and he wants redress and comes to us, then don't interfere," Katureebe warned.

During the plenary, people raised issues of cases taking long before judgment and a case in point being the 2010 case lodged against the interest group MPs whose ruling was delivered this week.
Read more

Court Officials Accused of Soliciting for Bribes

Litigants and civil leaders have accused court clerks at Mbale High Court of hiding case files and soliciting for bribes which is leading to miscarriage of justice.
The complaint was raised on Tuesday at a meeting with the Chief Justice Bart Katureebe.
"They have failed us, our files are deliberately misplaced to kill or prolong our cases," Mr Peter Walimbwa, a litigant said.
Mr Walimbwa added that it is even more disturbing because only documents of the poor are misplaced.
Another complainant, Mr Safiyi Mafabi, said they had lost confidence in court officials because they often serve only interests of clients who pay bribes. "We have developed fear to file cases at this court because of the conduct of the judicial officials," Mr Mafabi said. Read more

Principal Judge calls for unity against bank fraud

The Principal Judge, Yorokamu Bamwine has told the judiciary to offer support to the banking fraternity against fraud. 

Bamwine observed that the increasing trend of information communication technology offers more challenges as cybercrime fraudster take advantage.
 
"As the use of technology increases, so is the risk of technology led frauds. In our society where technology is just catching up as a way of life, most people steal not because they are needy but due to weak laws. As judiciary, we must strive to ensure that administration of justice is made a reality by being fair, speedy and mindful of needs of society," said Bamwine

He was giving a key note address during the opening ceremony of the Judges' and Magistrates' conference held at Mbale Resort Hotel. The conference was held under the theme "emerging issues in the banking industry."
Bamwine advised bankers to be able to differentiate between willful defaulters from genuine ones. 

This he said is because we have borrowers who take money with intention of paying back.

"It is our duty as courts to strike an appropriate balance and remain vigilant without compromising the judicial process," said Bamwine

Bamwine's statement comes at a time the chief justice Bart Katureebe, cracked the whip on magistrates over bribes. Katureebe was on the eastern Ugandan tour in a special programme to visit magistrates in the region.   Read more