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Ssemakadde dismisses ULS representatives from Judicial Services Commission

Isaac Kimaze Ssemakadde. In setting his eyes on the ULS presidency, Ssemakadde has indicated that a reconfiguration of the justice system in Uganda is long overdue. photo/FILE

What you need to know:

  • Although the Judicial Service Commissioners are appointed by the President  Mr Yoweri Kaguta Museveni, Mr Ssemakadde said that ULS is not aware of who has been recommending two representatives from Uganda Law Society for appointment.

The Uganda Law Society (ULS) council has recalled two of its members representing them on the Judicial Service Commission citing irregularities in the way they were appointed.

The ULS president Mr Isaac Ssemakadde said that Ms Ruth Sabatindira and Ms Norah Matovu Winyi were not elected by the council to represent ULS on the Judicial Services Commission as per the 1956 ULS Act (Cap305) as well as elections regulations, 2016.

“The Judicial Service Commission is the most important constitutional body that can set the tone for judicial reform. So we can deal with individual cases, fix this and fix that, but if we do not start from the top, we shall be shirking our obligation as leaders of the National Bar Association,” Mr Ssemakadde said.

He added; “I shall insist on clear and transparent procedures for shortlisting, participatory vetting and appointment including robust public scrutiny and robust accountability mechanisms.”

While releasing the executive order  on October 29 in Kampala, he noted that the two have been representing ULS on the judicial service commission since 2016.

Although the Judicial Service Commissioners are appointed by the President  Mr Yoweri Kaguta Museveni, Mr Ssemakadde said that ULS is not aware of who has been recommending their two representatives for appointment.

Mr Ssemakadde explained that in case of Steven Kalali v Uganda Law Society, the high court in Kampala on February 2, 2024, delivered a judgment declaring that the current practice of appointing ULS representatives to statutory bodies without holding elections was a breach of the 1956 ULS Act (Cap305) as well as elections regulations2016.

He said that following the February ruling, all individuals who were appointed as ULS representatives to the judicial service commission and other statutory bodies without being elected according to the provisions of the ULS election regulations 2016 have all been recalled.

Mr Ssemakadde revealed that by the close of this year, the council shall convene an extraordinary general meeting to elect ULS representatives to Judicial Services Commission and all other statutory bodies with exception of representatives of the Law council who were duly elected.

“What we can tell you is that we have, by the decision taken today, recalled them and that in itself requires them to stop any further business. And any old business that they have handled is now open to scrutiny,” Mr Ssemakadde said.

The Council has also put the president on notice about the selection criteria the president uses to chose two members of the public who are not lawyers to be on the Judicial Service Commission.

“How does the president select them?  For all we know, he has been appointing people that are not fit and proper for the job and not up to the task,” Mr Ssemakadde said.

Almost a month ago, Ssemakadde expelled the Attorney General, Kiryowa Kiwanuka, from the Uganda Law Society.

When contacted, Ms Rose Nassali Lukwago, the  permanent secretary Judicial service commission said she had not received any official communication.

However, she indicated that the commissioners are appointed by the president and it’s him to disappoint them.

“I am only hearing it in rumors, because I haven’t seen the document. I have not received it because if they are recalling they should be writing to the secretary,” she said.

She added: “But also their letter of appointment, the instrument bears the signature of the President because they make recommendations and the president picks them up. Let them send the names to the President for disappointment otherwise I have not seen any communication from the appointing authority withdrawing them."