High Court judge makes landmark ruling
On December 10, 2018, the Media (New Vision) headlined that the High Court made a landmark ruling curtailing the powers of the Commission of Inquiry into Land Matters headed by Justice Catherine Bamugemereire and those of the Inspector General of Government headed by another High Court Judge, Justice Mulyagonja.
On the surface of it, Justice Bashaija’s ruling that the Commission and the IGG have no mandate to issue orders contrary to court orders of judgments over the same matter sounds logical, legal and reasonable.
However, when applied to real situations in which courts give orders and judgments leading to innocent citizens losing their land rights or criminals and fraudulent people illegally getting rich, that ruling calls for urgent challenge by all stakeholders and reversal by appellate courts.
In recent correspondence between the Lord Chief Justice and a senior lawyer, the lawyer responded to the Chief Justice Lord Bart Katureebe thus, “We may continue with the white washing disciplinary investigations which routinely clear the Judiciary of corruption but the anger which is simmering among court users, both lawyers and litigants, is bound to erupt into an avalanche which will engulf everybody and bring chaos to our country. The writing is already on the wall. I am not the only one who has made allegations of corruption against the Judiciary.
You yourself, my Lord has been reported in the Press as complaining about corruption in the Judiciary. The Principal Judge has made similar complaints. A Lady Judge of the Supreme Court has made similar complaints. The Uganda Law Society has held three meetings where corruption in the Judiciary was debated in detail.”
The Inspectorate of Government’s annual reports have consistently named the Judiciary as one of the most corrupt Government institutions. Corruption in the Judiciary centres around a clique which seems to have protection at higher levels.
There was a judge who was going to be arrested in a sting operation while taking a bribe. The whole legal profession knows about this incident. More detailed facts can be obtained from the Ministry of Ethics which was behind the operation.
Some judges let lawyers write the judgement of their own clients. Lastly, some judges hold meetings with lawyers of one side and plan on how to fix the other party.
It is, therefore ,obvious that Justice Basheija has not heard about the outcry from the Judiciary itself against corrupt judges and judicial officers.
The major task of the Judicial Service Commission and Cabinet in the cause of justice is to receive complaints and discipline, interdict or remove judges and judicial officers who have been shown to be corrupt, solicit bribes, abuse office or who violate the Judicial Oath.
Justice Andrew Basheija may wish to advise this country as to whether or not an order or a judgement given or delivered by a bribed judge should stand at all.
Some years ago, while I was still a judge of the Uganda Supreme Court, I was honoured to lead a Panel of Commonwealth Panel of Eminent Judges and Jurists on a fact finding mission about corruption in the Kenya Judiciary.
The Panel’s report was accepted and implemented by the Kenyan government. I received this message: “On behalf of the International Commission of Jurists (Kenya Section) and indeed the legal profession and people of Kenya, let me register our profound gratitude for the remarkable task that you undertook for this country.
You adopted the very tedious schedule we had proposed for you and carried it out with diligence, and you produced a comprehensive and concise report which catalysed immense positive debates in the country but also moved our reform agenda forward by several steps.”
A couple of years ago, Chief Justice Katureebe and I named judges and magistrates who should be subjected to disciplinary action and removed from office. The Judiciary itself exposed many more judges and magistrates and claimed that they were the subject of disciplinary proceedings.
Ugandans have not been briefed or informed of what happened to all these suspects. The recent statement by President Museveni should have touched if not named these suspects and their fate under his docket.
Prof Kanyeihamba is a retired Supreme Court judge.
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