Internal squabbles rock Leadership Tribunal

The Leadership Code Tribunal has been rocked by internal bickering that threatens enforcement of its mandate and functions.
The squabbles have pitted a section of members against the Judicial Service Commission (JSC), citing “constitutional concerns’ in appointment of the Tribunal chairperson.

The squabbles, according to insiders, have created fractured work at the Tribunal after some members complained that the JSC cleared the tribunal chairperson, Dr Roselyn Karugonjo-Segawa, for the job yet she is not on the Roll of Advocates as the law requires.

The Roll of Advocates is a register of lawyers who are enrolled to practice law in Uganda.
Dr Karugonjo told Monitor last evening: “The people who ascertain (suitability) is the Judicial Service Commission, which recommends for someone to become a High Court judge and the name forwarded to His Excellency, the President”.

She also explained that “there is no stalemate whatsoever and the Tribunal is operating normally.”
The Tribunal is established by the Leadership Code (Amendment) Act, 2017, to strengthen the enforcement of the code and for other related matters, including conflict of interest, disclosure of interest, gifts or benefits in kind, prohibited conduct, misuse of official information, and abuse of public property.

It comprises seven members appointed by the President on the advice of JSC and with the approval of Parliament.
Other members are Ms Sheila Lamuno, Mr Asuman Kiyingi, Ms Martha Nduru, Ms Jane Okelowange, Mr Didas Mufasha, and Ms Joyce Birimumaaso.

Members petition
However, some aggrieved members wrote to the Judiciary through the Chamber of the Chief Registrar last year to ascertain whether all the six members of the tribunal were enrolled as advocates of the Courts of Judicature.
In a December 20, 2023, correspondence, the Judiciary’s Chief Registrar indicated that only six members were enrolled. Mr Kiyingi was enrolled on December 6, 1990; Ms Nduru on January 14, 2014; Ms Okelowange on March 12, 1998; Mr Mufasha on January 19. 2007; Ms Birimumuaaso on June 16, 2002; and Ms Lamuno on August 3, 2011.
“For now, we are unable to ascertain the enrolment status of Roselyn Karugonjo,” the letter signed off by one Timothy Lumunye on behalf of the Chief Registrar read in part.
A section of members, in a new petition, claim that Dr Karugonjo “was appointed irregularly on account that she did not have the statutory requisite qualifications to head the LCT.”
Section 19 C (2) of the Leadership Code (Amendment) Act provides that a person is not qualified to be appointed chairperson or deputy chairperson unless he or she is qualified to be appointed a judge of the High Court.
Article 143 (e) of the 1995 Constitution provides that for one to be appointed a High Court judge, they must have practiced as an advocate for a period not less than 10 years before a court having jurisdiction in civil and criminal matters.
“Dr Karugonjo at the time she was appointed as chairperson of the Leadership Tribunal was not enrolled as an advocate and has not been enrolled to date,” the petition reads in part.

JSC speaks out
When contacted last evening, the JSC chairperson, Justice Benjamin Kabiito, confirmed to Monitor that they vetted Dr Karugonjo alongside other tribunal members and they were found suitable.

“This Roselyn was interviewed and others and were found to have minimum qualifications to be appointed as judges of the court,” Justice Kabiito said.

 “She had worked in legal positions for 10 years with a number of institutions. She is not on the roll of judges but she qualified to be appointed,” he added.
Sources close to the tribunal indicated that some of the “disoriented members” plan to lodge a formal petition to Parliament through the Legal and Parliamentary Affairs Committee, inquiring how the chairperson passed through JSC and the appointments committee.

On April 12, a team of lawyers petitioned the Tribunal to look into the allegations of corruption in Parliament and the controversial service award for the former Leader of the Opposition Mathias Mpuuga and other commissioners. To date, according to aggrieved members, the tribunal has not met to consider the issue.