Mr Isaac Ssemakadde gives his speech moments after being declared winner of the Uganda Law Society (ULS) presidential elections in Kampala on September 28, 2024. PHOTO/ISAAC KASAMANI
Ten months after the High Court’s Civil Division agreed with private citizen Steven Kalali that it was illegal for Uganda Law Society’s (ULS) council to appoint or nominate representatives to statutory bodies, the new leadership under the stewardship of Isaac Kimaze Ssemakadde has moved to organize elections. The process will decide who will represent the lawyers to the Judicial Service Commission (JSC).
Essentially, the Extraordinary General Meeting (EGM) slated for December 17, which Mr Ssemakadde’s leadership called just two months after taking charge, has several issues to decide. For instance, the fate of Phillip Munaabi—the ULS honorary secretary—and Geoffrey Turyamusiima—the representative, central—will be decided. The two reportedly tried to topple Mr. Ssemakadde in what has been described by some as a coup.
What has attracted the attention of the legal fraternity most is the filling of the two positions of ULS’s representative to the JSC. The positions became vacant the moment Mr Ssemakadde decided not to pursue an appeal filed by previous president Bernard Oundo, challenging that High Court’s decision.
From 2016, without conducting any election, the ULS had been represented by Ruth Sebatindira, a former president of the law society, and Norah Matovu-Winyi. In his second executive order, however, Mr Ssemakadde made it clear that the duo has been illegally representing the society and any new representatives would have to go through a democratic process.
Consequential Role
Representing the law society to the JSC is critical. For one, the two victorious lawyers out of the 14 who have been nominated will have a say in how judicial officers at all levels are nominated. One of the roles of the JSC is to recommend suitable people to the President, who is currently Mr. Museveni, for appointment as judges and registrars and to appoint judicial officers to various magisterial positions.
The two lawyers will also have a say in how the JSC regulates the conduct of judicial officers, including confirming and promoting them and disciplining those found guilty of malpractice.
A fight for meritocracy
The fight over the position of Ms Bukirwa yet again raised the interference from executive authority, with Museveni refusing to confirm her as a judge because Ms Kadaga had raised a complaint. Observers say all this ratchets pressure on candidates wanting to represent ULS on the JSC.
Pressure on the candidates has been increased by Mr Ssemakadde, who has introduced the nation to what he terms a “radical new bar.”
“The ULS shall have the final say on the suitability of candidates for judicial office because it knows them better, and shall also advocate for increased public participation in the composition and operation of the JSC, including public hearings and opportunities for public input during the appointment process and disciplinary proceedings of judicial officers,” Mr Ssemakadde said.
Candidates speak out
Elison Karuhanga, a partner with Kampala Associated Advocates (KAA), highlighted his agenda for transparency in judicial selection. “[I will] support public hearings for judicial nominees to promote accountability and transparency... I would champion rigorous evaluation processes that prioritize competence, integrity, and judicial temperament,” he revealed.
Dr Christopher Mbazira, a lecturer at Makerere University, emphasized his deep understanding of Uganda’s legal system. “My knowledge in this regard has arisen not only from training as a lawyer but also through my research, professional work, and interaction with members of the profession,” he said.
Another candidate, Paul Mukiibi, a lecturer at the Law Development Centre (LDC), has also premised his candidature on what he terms as breaking the cycle of poor choices in judicial appointments and combating judicial laziness. This, he said, can only be attained through advocating for “merit-based selection processes.”
“We can build a Judiciary that upholds the rule of law, fosters public trust, and embodies the highest standards of professionalism and ethical conduct,” Mr Mukiibi said.
Strengthening judicial independence
Denis Kusaasira, a partner at ABMAK Associates, has constructed his manifesto on what he terms as reforming the bench through strengthening judicial independence, a cornerstone of the rule of law.
“I would ensure judicial officials are appointed on merit, integrity, and diversity. This may require constitutional amendments and a revamp of the Judicial Service Commission Act,” Mr. Kusaasira said, adding that he wants to advocate stronger security of tenure for judicial officers by proposing clear, objective criteria for the transfer of judicial officials to safeguard their independence.
“Establishing an objective system to promote excellence within the Judiciary [is key]. Together, we can ignite the change necessary to reinforce our judicial system’s role in upholding justice,” Mr. Kusaasira adds.
Scepticism over presidential approval
Although lawyers are generally upbeat about electing their representatives to the Judicial Service Commission (JSC) for the first time, some have tempered their hopes, saying President Museveni might reject their choices.
Nicholas Opiyo, a human rights lawyer, pointed out that Mr. Museveni and Parliament’s appointments committee, led by Speaker Anita Among, might stand in the way.
“After the election, the names will be forwarded to the President. The law calls this nomination. The law society will nominate two members—the top two candidates. The law says the President of Uganda will appoint. The grey area here is whether the nomination by the law society is mandatory and binding on the President of Uganda. It is open to interpretation, but the practice, especially on the appointment of judges, suggests that the Executive considers this a suggestion rather than a command,” Mr Opiyo opines, adding that whatever the case, Mr Museveni will then forward the names to Parliament, which can reject the names if it has reasons to do so.
What Candidates Say...
Dr Christopher Mbazira (Law Lecturer, Makerere University)
“My knowledge in this regard has arisen not only from training as a lawyer but also through my research, professional work, and interaction with members of the profession, including from comparative jurisdictions.”
Denis Kusaasira (Partner, ABMAK Associates)
“I would ensure judicial officials are appointed on merit, integrity, and diversity. This may require constitutional amendments and a revamp of the Judicial Service Commission Act.”
Paul Mukiibi (Lecturer, Law Development Centre - LDC)
“Breaking the cycle of poor choices in judicial appointments and combating judicial laziness can only be attained through advocating for merit-based selection processes.”
Elison Karuhanga (Partner at Kampala Associated Advocates - KAA)
“[I will] address structural barriers that discourage or exclude the best talent from joining the Judiciary, including challenges such as inadequate remuneration, limited professional development opportunities, and perceptions of bias in the recruitment process.”
