Uganda Law Society is under direct Act

When the independence of the Judiciary is compromised, the courts fail and when courts fail anarchy ensues or is guaranteed. I have argued the same with clear examples from Kenya in an article titled,  “When Courts Fail”, published in the Daily Monitor of Monday  August 1 2022.

   I argued that the Uganda Law Society Act is obsolete in another article published by the Daily Monitor on Friday, September 16, 2022, titled Uganda Law Society Must Focus on Members, country. The Act is not short on the minimum the Uganda Law Society (ULS) is expected of. 

   These form part of the objects in section 3 of the ULS Act Cap. 276.  They include improving and maintaining professionalism in the legal profession, protecting members, assisting the public on matters ancillary or incidental to the law, assisting the government and courts in all matters affecting legislation and the administration and practice of law in Uganda among others. 

    The advocacy part is catered for in the Act giving the ULS the latitude to do all things conducive to attaining the foregoing objects or any of them.
   ULS is also a collective body through which members channel their grievances on matters relating to the law, human rights, or the administration of justice. It is not just a matter of preserving the trade for our legal practice. An active and empowered Law Society is good for the rule of law, good governance, constitutionalism, and constitutional order.
   Our neighbours in Kenya continue to teach us but the problem is we (Uganda) are not learning and we consequently become immune to copying good democratic manners. 

A few weeks ago, the Law Society of Kenya, a creature similar to the ULS, stood strong and pushed back on the actions of President William Ruto and his group that threatened the independence of the Judiciary. 

    I eagerly followed and greatly admired the collective voice. I was further swept away by the clear statements of the Hon. Chief Justice Martha Koome that emphasized the independence of the Judiciary of Kenya amidst attacks. This galvanized constitutionalism and a win for Kenya as a Republic. I still intend to seek the audience with the Honorable CJ Koome just to say thank you.
   I must commend the members of ULS for their relentless efforts in calling for the rule of law, accountability by courts, those in their administration, and the Independence of the judiciary.  

   This has seen two extraordinary general meetings of the ULS being canceled employing Injunctions from Courts.  What is there to fear if members of the law society discuss the conduct of a judicial officer? What is the threat posed by the members of ULS discussing the independence of the Judiciary? Who does it benefit when courts gag a statutory body in performing its duties or use the court to infringe on constitutional rights and freedom of assembly and expression?
   The bitter truth is that such actions only expose the courts and a clear manifestation that the courts are not necessarily free.

   It is indeed abnormal that a hen lays eggs but instead of hatching them, it eats them. It is cannibalism. That is what some particular courts charged with the protection of civil rights and liberties in Uganda are doing. I want to state that such acts are self-defeatist. You come to a point where you preside over a court that the public and members of the bar don’t respect.  The article When Courts fail has dire warnings for us all.
   It is absurd that the Attorney general, who is the head of the bar, has led the charge to disable the bar association. It is disgraceful. ULS sometimes back-treated some of his predecessors with honour in the form of a certificate of incompetence. I guess it is good to reward actions. But can that meeting even happen in the circumstances?

  We must as professional associations brace for the grave impact resulting from Miscellaneous applications No. 11 and 12 of 2024 all arising from Attorney General Vs Uganda Law Society Mis Cause No. 08 of 2024. We are not short of using bad precedents at the whims of powers that be. The injunction in Brian Kirima V Uganda Law Society Misc. application 94 of 2024 arising out of Misc Cause No.23 of 2024 is just a resultant effect.
   I think we should look with great concern at the abuse of court process and the never wave of use of injunctions in civil and constitutional matters. It has also come to the point in time when we must innovatively go all the way to fight back. We must now act like victims because at the moment that is what we are.  

    I have confidence that we are not short of examples or ideas. Lawyers are meticulous problem solvers. We must organize. We must learn from Kenya and other law societies like the Law Society of Botswana which has currently called for the boycott of the Legal Year Opening. We must organize.  It is the only option to promote Constitutionalism.

                 Ivan Bwowe, 
 [email protected]