Law society, Mabirizi clash over petition against judge

Hassan Male Mabirizi

KAMPALA- Uganda Law Society (ULS) has clashed with lawyer Hassan Male Mabirizi for lodging a complaint against High Court judge Musa Ssekaana before the Judicial Service Commission (JSC).

ULS president, Mr Simon Peter Kinobe, in a statement on February 26, castigated Mr Mabirizi for writing to JSC seeking the removal of Justice Ssekaana from office for alleged incompetence, misconduct and running a law firm.

Mr Kinobe observed that despite issuing out a strong statement in August last year, condemning the hurling of a water bottle at the then Buganda Road Court Magistrate Gladys Kamasanyu while she sentenced Dr Stella Nyanzi to 18 months in prison, similar acts of impunity against judicial officers as they adjudicate cases, have emerged again.

“…..yet again, the ULS is concerned about the current action of Mr Mabirizi in which by letter dated February 24, he wrote to the secretary JSC, asking him to remove Justice Ssekaana from office on grounds of misconduct, incompetence and running a law firm while serving as a judge,” ULS President said in the statement.

He added: “The ULS highly condemns such acts of impunity and disrespect of judicial officers from the public. It should be noted that no person should interfere with the judge’s or magistrate’s ability to administer justice.”
However, in his response, Mr Mabirizi dismissed Mr Kinobe’s statement as unjustified.

“In fact, it is Kinobe’s conduct which is illegal. Article 147 of the Constitution is clear that if a person has any complaint against a judicial officer, the right forum for redress is the JSC and that is the clear process of lodging a complaint against a judge, which I took,” he said yesterday.

“So it is unfortunate that the president of ULS can write such a letter condemning the right process of the rule of law,” he added.
Equally, a number of lawyers who subscribe to ULS, criticised the statement of their president, saying Mr Mabirizi took the right path of expressing his grievances.

“Prosecute Mabirizi for petitioning the JSC about the conduct of a judicial officer... I cannot believe this! But I am not surprised. It has been coming for a while... and it has to stop. It is time for the members of the Society to ensure that they have an effective - simple and quick was to distance the Society from such ridiculous and absurd statements or actions,” Mr Anthony Masake, one of the ULS members, posted on his Facebook wall.