Signing Ceremony for an International Crimes Chamber

The Secretary General of the Supreme Court, Ms Beth Murora, on behalf of the Judiciary, signed a contract of building a High Court Chamber for International Crimes (HCCIC). The ceremony took place at the headquarters of the Supreme Court on 19 October 2015. They were present in the ceremony, the Chief Justice, Prof. Sam Rugege and Mr Pieter Dorst, Head of the Cooperation in the Kingdom of the Netherlands Embassy in Kigali. The Kingdom of the Netherlands accepted to finance this project of the construction, while the construction works are in the hands of Horizon Construction Ltd.

The Chief Justice, in his short remarks, said that he trusted this company because it has lots of experience. The Chief Justice hailed also the Kingdom of the Netherlands for the funds provided to build the court that will judge suspects of the 1994 genocide living abroad. As for the Secretary General, Ms Beth Murora, told the press that the Chamber of the High Court in charge of trying international crimes is working in the premises of the High Court of Kigali, but that it needs its own building with due modern equipment. Construction works will last twelve months.

The court will be built in Nyanza district in the South Province, and it will cost two billion three hundred fifteen million. The building contractor was represented by Mr Maurice Nyaruhirira who signed the contract while Tecos, in charge of supervision of works, was represented by Dr Augustine Bizimana. The ceremony was also attended by the Prosecutor General, Mr Muhumuza Richard and various officials of the judiciary and Rwanda Housing Authority. This article was published on the Rwanda Judiciary Website on October 20, 2015

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

The Principal Judge Hon. Justice Dr. Bamwine

The Principal Judge, Hon. Justice Dr. Yorokamu Bamwine 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 New Postings here

Uganda's supreme court rules maternal health suit must be heard

Health rights activists in Uganda have hailed a supreme court ruling that the constitutional court must hear a petition on whether the government is liable for failing to provide decent maternal health services.

In a unanimous decision, the constitutional court was found to have wrongfully dismissed a 2012 petition that argued the Uganda government should be held liable for failure to provide sound maternity services, a shortcoming that claims the lives of an estimated 16 Ugandan women a day. The petition was filed by health campaigners and led by the Center for Health Human Rights and Development (Cehurd). 

According to official figures, for every 100,000 live births in Uganda, 435 mothers die from pregnancy- and birth-related complications.

The case related to Sylvia Nalubowa, who in 2009 died at Mityana hospital, a government facility in central Uganda, following an obstructed labour.

Fifteen months later, Jennifer Anguko, a local government councillor, died in Arua regional referral hospital in north-west Uganda. She also suffered an obstructed labour.

In both cases, there were reports that medical staff had demanded money before attending to the women and neglected their duties. Read more

Court Issues New Order On Land

It is now a crime for the government to acquire citizens' property before they are compensated, the Supreme Court has ruled. Court yesterday outlawed government's compulsory acquisition of private land before compensating owners.

This followed a decision by the Supreme Court dismissing an appeal in which the Uganda National Roads Authority (UNRA) challenged a decision that trims government powers of acquiring citizens' land prior to payment of compensation.

A decision by the Highest Appellate Court yesterday upheld a judgment of the Constitutional Court that declared Section 7(1) of the Land Acquisition Act as unconstitutional and in contravention of Article 26 of the Constitution.

The court nullified the section giving government powers to take possession of citizens' land before compensation citing violation of the right to property.But UNRA had in the appeal faulted the judges in the lower court for determining a matter which did not require constitutional interpretation without evaluating submissions presented by the parties.

Not convinced

In a unanimous decision read by Justice Christine Kitumba, the court ruled that the arguments by UNRA were not persuading. Read more

Uganda Supreme Court Rules in Favor of ‘Rebel Lawmakers’

A member of parliament from Uganda’s ruling National Resistance Movement (NRM) says he is excited and feels vindicated following the Supreme Court’s ruling that prevents his expulsion from the legislative body.

Theodore Ssekikubo and three other members of parliament were expelled from the NRM after they were accused of being rebels and undermining the party by refusing to follow instructions from the party. The NRM contends that the continued stay of the “rebel lawmakers” in parliament” contravened the constitution, since they don’t belong to the party anymore following their expulsion.

Lawmakers Ssekikubo, Wilfred Niwagaba, Mohammed Nsereko, and Barnabas Tinkasiimire, appealed the constitutional court’s ruling, which backed the NRM’s position that the expelled parliamentarians should vacate their seats in the lawmaking body since they do not represent the party anymore. 

The Constitutional Court then ordered the “rebel parliamentarians” out of parliament and declared their seats vacant.

But, the Supreme Court ruling on Friday that followed an appeal by the lawmakers, said the NRM party does not have the power to remove the lawmakers from parliament. Local media quoted justices of the Supreme Court as saying “Political parties cannot subvert the will of the people.” Read more

Election violence can be avoided

Risk factors derive from failure to adhere to the pre-conditions as elaborated by Chief Justice Odoki

This is a slightly edited version of a lecture on Oct.13 by Prof. E. F. Ssempebwa in memory of Benedicto Kiwanuka organised by the Foundation for African Development and the Konrad-Adenauer-Stiftung. Kiwanuka led the Democratic Party to election victory twice and was the first Prime Minister of Uganda, and later Chief Justice. He is remembered for his values of equality of humans, equal participation of all in public affairs, democracy, peace and stability.

The states in the Eastern African region, Uganda included have had lofty plans for economic growth. The plans are currently driven by ideals of regional integration to create a big single market, first under the East African Community and, subsequently through a merger with the COMESA and SADC markets. In Uganda, the leadership has toyed with a number of economic initiatives, whose impact is a matter for debate. What needs to be noted is that, however noble, plans for economic growth do not lead to development unless peace and stability prevails. It is conditions of stability that ensure the rights and freedoms to enable equitable access to political and economic opportunities. Democracy, the base upon which rights and freedoms are anchored, is central to development.

Uganda has gone through various shades of instability since independence. In 1966 democracy was the sacrificial lamb to cleanse the alleged sins of tribalism and disunity. Chaos, anarchy, degradation, and disunity have been the result since then. Periods of massive loss of lives still sound in the mind - hence the concern over electoral processes. An election is an occasion where grievances can coalesce and trigger violence. Is it a well-founded concern?

The reality of election violence

What is election violence? There seems to be consensus among observers that violence is not restricted to beatings, killings and displacements. It includes threats, perpetuation of terror, and denial of services. Any acts of coercion. Intimidation, or physical harm aimed at affecting the electoral process constitutes electoral violence. Violence could be psychological, as when in 1996, the people were crudely warned as to the possibility of returning to “bad days of the Obote era.” The objective of the violence could be to delay, disrupt, or derail the process. It could also be to affect the results. The main trigger of electoral violence is failure to play by the rules. But in reality, violence already simmers in the embers of existing social conflict.   It is recorded that in Africa, 19 to 25% of all electoral processes have experienced mid to high level violence. Another study notes that in the last four decades, 80% of elections in Sub-Saharan Africa have suffered from some form of violence, bribery, intimidation or inequitable government interference. Read more

ICC rescinds Uganda hearing against LRA chief

The International Criminal Court has changed plans to hold a hearing in Uganda to confirm charges against a notorious Lord’s Resistance Army (LRA) commander, fearing political tensions ahead of upcoming elections.Dominic Ongwen is the first commander of the LRA rebel group led by the fugitive Joseph Kony to appear before the ICC, where he faces charges for war crimes and crimes against humanity.

Prosecutors accuse Ongwen and his troops of at least 67 crimes against civilians fleeing the LRA’s decades-long reign of terror.

The ICC had initially declared it “desirable” that the hearing should take place in Uganda, near the scene of his alleged crimes.

But after talks with Ugandan authorities, the court decided that political tensions surrounding February’s presidential elections “may have an adverse impact on the court.”

“Today the presidency of the ICC decided that the confirmation of charges hearing in the case against Dominic Ongwen, scheduled for January 21, will take place in The Hague,” the ICC said in a statement seen by APA on Friday. Read more