Lawyers to boycott New Law Year opening over judicial freedom 

A section of lawyers have vowed not to attend tomorrow’s opening of the New Law Year in Kampala, citing the recent High Court’s ruling that gagged Uganda Law Society (ULS) from discussing the attack on the independence of the Judiciary by President Museveni.
President Museveni is the chief guest at the opening of the New Law Year, which will also see the grand opening of the twin appellate towers of the Supreme Court and Court of Appeal.

“We cannot have an independent Judiciary minus a robust and active Bar Association. That equation is unconstitutional, therefore, our colleagues at the Bar must be prepared to join all efforts to push back against this obnoxious gag order, and the first step is to heed our call to boycott the Judiciary’s invitation to their so-called ‘Opening of the Law Year’ event slated for Friday,  February 9, 2024. It is cynical and disingenuous to gather with those that block our gatherings, in the name of “People-Centred Justice!,” reads in part a statement issued last evening by the lawyers.

Adding: “The second step is to condemn all persons and authorities plotting to gag ULS members’ meetings, reminding them that censors do not win. Censors are always resoundingly defeated in the course of history. We are confident that this manifestly void injunction will also have a short-lived and disgraceful voyage to the dustbin of history.”

The lawyers include Phillip Karugaba, Sarah Kasande, Isaac Ssemakadde, Jude Byamukama and Frank Kanduho. The others are Daniel Walyemera, Eron Kiiza, Peter Arinaitwe and Anthony Odur.
The call for boycott of the New Law Year by the aforementioned advocates follows a ruling by the head of the Civil Division of the High Court Justice Musa Ssekaana on Tuesday. 

Justice Ssekaana issued an order stopping the ULS from holding the extraordinary general meeting to discuss the emerging attacks on the independence of the Judiciary. 
The meeting was slated for yesterday afternoon. 

Core to the discussion in the extraordinary general meeting was President Museveni’s  December 2023letter to Chief Justice Alfonse Owiny-Dollo to intervene in a court matter that involved the then looming sale of the eight Muslim prime properties including the land where the national mosque at Old Kampala sits and also what they call the “obsequious silence of their leaders at the Bar and the Bench”.

This followed a court order, arising from a Shs19 billion debt the Uganda Muslim Supreme Council (UMSC) incurred in a botched land deal. 
However, President Museveni in his letter to the Chief Justice, said: “How can a mosque or church be attached for debts carelessly entered into by officials of that faith?...I, therefore, request you to review this matter yourself and see how to restore sanity.” 

While dismissing the bid compelling the ULS to convene an extraordinary general meeting on Tuesday, Justice Ssekaana held that the said meeting could have led to the passing of “illegal resolutions”.

 “A temporary injunction issued against the respondent [Uganda Law Society], restraining it from calling, convening and arranging an extraordinary general meeting on requisition of members’ petition until the final determination of the main application,” Justice Ssekaana ordered.

But the concerned lawyers in their statement last evening, hit out at Justice Ssekaana’s ruling saying the same marks a new low for the Judiciary and national Bar Association.

Article 128 (2) of the 1995 Constitution states:  “No person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions,” the lawyers said.

When contacted last evening, the president of the ULS, Mr Bernard Oundo, said he was aware of the statement by a section of his members before promising to come up with an official statement on the same. 

Previous boycott
This is the second time a section of lawyers will boycott the opening of the New Law year.
In 2015, then president of the Uganda Law Society, Ms Ruth Sebatindira, rallied fellow lawyers to boycott the event on grounds that President Museveni in his capacity as the appointing authority,  had delayed to appoint a substantive Chief Justice and Deputy Chief Justice.
 At the time, Justice Steven Kavuma was both the Acting Chief Justice and deputy, positions he held for two consecutive years.

‘‘This year, I’m not going to ask you to stand with me on the tarmac as I did last year. This year, my action is to clearly and loudly protest the dubious state in which the Judiciary is run and to demonstrate a call for the appointments to be made urgently,’’ Ms Sebatindira said.