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

Judiciary launches mediation system in Masaka

The judiciary has launched the mediation system in Masaka District to reduce case backlog in courts.

Mediation is a way of resolving disputes amicably between two or more parties. Typically, a third party (mediator) assists the parties to negotiate an amicable settlement out of court.

Speaking during the launch at Masaka Court premises on Thursday, Justice David Wangutsi, the head of High Court Commercial Division, said the new arrangement saves time and promotes reconciliation between the warring parties.

“This arrangement allows judicial officers time to handle cases which are generally not agreeable in line with mediation like defilement, robbery and murder cases. We have extended it here and we expect it to work,” he said.

Among cases that will be handled under the mediation system include land disputes, family issues, breach of contract, encroachment, child negligence and damages.

Justice Wangutsi said more than 50,000 civil cases are currently pending in different courts yet they can easily be resolved outside court by different persons qualified in adjudication. In Masaka District alone last year, 679 cases were registered, but 442 were disposed of, leaving a backlog of 237 cases. Only 46 cases were settled out of court.

Justice Wangutsi said the judiciary would train mediators who will handle such matters without taking them to court.

He said the initiative will involve lawyers and retired judges to make the system work.

He further said they also intend to make it mandatory for all courts, including Magistrate’s Courts, to allow civil cases first go into mediation before going for trial in court.

The resident judge, Justice Margaret Oumo Oguli, however, warned judicial officers who will be hired into the mediation system to avoid fraud. 

Masaka Chief Magistrate, Mary Ikit, expressed concern that some districts such as Kalangala are not likely to benefit from the mediation system because they have only one magistrate who cannot handle both criminal and civil cases and carry out mediation at the same time. Read more

Pension scam case: Civil society role in corruption-related litigation

As the public grapples with the recent collapse of the sh165b 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 14 April 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.

Whereas the Director of Public Prosecutions (DPP), Mr Mike Chibita, Police boss Gen Kale Kayihura and Criminal Investigations and Intelligence Directorate (CIID) boss Ms 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 gigantic case from progressing in the last two years have not been resolved.

For instance, the absence of independent counsel to present the views and concerns of the victims of the pension scam to the Court cannot be gainsaid. His or 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.

Secondly, the State should have hired private investigators and private lawyers to investigate 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.

Thirdly, there are many ways civil society could have helped this case stay alive – either by pressuring prosecutors to conduct separate trials for different categories of offenders in the pension case in accordance with Justice Kabiito’s directions of 22 September 2014 or by bringing their own civil actions for damages on behalf of the affected pensioners.

There will always be illegal conduct that is not zealously pursued by state actors, such as the CIID, DPP, Inspectorate of Government or Public Procurement and Disposal of Public Assets Authority, for a host of reasons, including scarce resources, shifting priorities, personality conflicts, and most troublesome, the political sensitivity of high-level investigations.

Uganda ratified the United Nations Convention against Corruption which encourages countries to make laws to allow the victims of corruption - the citizens, that is - to hold violators accountable. Some of these laws already exist, but they are either untested or ambiguous or half-heartedly invoked by the State, leaving victims little recourse against corrupt officials or those who collude with them. Read more

Ugandan wins human rights accolade

AS ambassadors Kristian Schmidt of the European Union and Alain Hanssen of Belgium, in front of the 28 flags of the EU countries, handed over the Union’s Human Rights Defenders Award for 2015 to Ugandan Dr. Livingstone Sewanyana at the Belgian Ambassador’s residence in Kololo, Kampala, on Thursday, you could tell it wasn’t a small thing — his achievement.

And the human rights activist was ready for it. He stood composed — confident is the word — but with a serious face behind the rims of his eye glasses, like there was a lot serious matters of human rights that he needed addressed urgently, matters much important than the award. 

But there was none. Just a charm. This was his day. And when he moved to the plinth and took the microphone to deliver his acceptance speech, he demonstrated the reason there couldn’t have been a worthier winner.

The executive director Foundation for Human Rights Initiative was eloquent, but more about upholding the rule of law and widening the political space in Uganda.

He underscored the need for a vibrant and independent judiciary, the need for tangible and “ground breaking” electoral reforms, and the need for a stronger and capacity-enabled police in the administration of justice.

“The NGO Amendment Bill 2015 (currently on the floor of Parliament) should seek to be more enabling to ensure citizens can participate in their governance, it should not be limiting. Next year (2016) we have general elections, citizens should not be encouraged to register only, they should also be encouraged to actually turn up and vote — because it is their right to determine the type of leadership they want.” 

When Sewanyana was through with his rather the-current-state-of-affairs questioning speech, a nod of approval from the many EU envoys and dignitaries and human rights activists who all this time had been attentively listening to him deliver his speech, awaited him. They clapped him off the stage.

Belgium Ambassador to Uganda, Alain Hanssen, intimated that Sewanyana was recognized for his promotion and protection of democratic rights, good governance, and labour and women’s rights in Uganda. Read more

AP Interview: Uganda's president says he's the one bullied

UNITED NATIONS (AP) — There is so much freedom in Uganda that it's nearly anarchy, the country's president joked, stepping carefully around what's an open secret back home: Yoweri Museveni will run for yet another term next year, and surely he will win.

Museveni, casual in an untucked dress shirt during an interview in a Waldorf Astoria hotel suite, gave The Associated Press his version of power and succession on the sidelines of his appearance at a high-level U.N. meeting, where he scolded the United States and the other permanent members of the Security Council on their approaches to Africa's problems.

Later Tuesday, with his role on display as the leader of a regional power and one of Africa's most militarized countries, he met with White House National Security Adviser Susan Rice to discuss the conflicts in South Sudan and the Darfur region of Sudan, the White House announced.

Dismissing accusations from critics that his rule over three decades has become more and more authoritarian, far from the days when former President Bill Clinton praised him as one of a "new breed" of reform-minded African leaders, Museveni told the AP, "If anybody has been bullied, it is me."

And as he prepares to turn 71 in September, Museveni appeared little concerned about a possible legal challenge to another presidential term by those who argue he will be too old to be in charge. A new term would take him over Uganda's 75-year-old presidential age limit.

But even as regional neighbor Burundi is shaken by deadly protests over the not-unusual African scenario of a president who wants to run again, Museveni said he will let Uganda's courts decide. Read more