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Justice delayed: Cases shelved for decades
Black Mambas surround the High Court on November 16, 2005 to re-arrest People’s Redemption Army suspects who had been released on bond. The Uganda Law Society (ULS) filed a constitutional petition about the incident but the case is yet to be heard. FILE PHOTO
Kampala- Justice delayed is justice denied, so goes the age-old adage. When one takes his case to court, they expect judgment to be passed in the shortest possible period. But what happens when a case drags for 27 years and its resolution does not seem anywhere close? The Daily Monitor lists 10 outstanding cases that have taken years to be resolved.
Slow Boat case (27 years old)
As the NRM government took over power in 1986, Ms Georgia Pantelakis, a Greek national, was heading to court where he sued Mr Ismail Dabule, in a property fight over a building on Kampala Road that currently houses the popular Slow Boat Restaurant.
Documents in court indicate that Mr Dabule acquired the building in 1973 but while in exile from 1979 to 1988, a case was instituted by Ms Pantelakis claiming ownership of the property occupied by Mr Dabule, a member of the Nubian Community. In 1992, the Supreme Court ordered a retrial before the High Court after Mr Dabule produced a land title to prove ownership and directed that Ms Pantelakis return from Greece first, for the case to proceed.
In 2003, 2005, 2006 and 2008 the case was dismissed while the party that lost sought a reinstatement. The case is currently before High Court pending reinstatement.
Katanga land case (13 years old)
Mr Jonathan Masembe, Mr Bulasio Buyisi, Mr George Kalimu and Ms Samalie Nambogo in 2000 challenged a decision by the Registrar of Titles to cancel their land title for 38 acres in Katanga near Wandegeya, a Kampala suburb, and giving it to Makerere University.
In its 13th year now, the case is before Justice Alphonse Owiny Dollo, the fourth judge to handle it. It was resurrected recently when the Commissioner for Land Registration, Ms Sarah Kulata testified in defence of the university and Attorney General and Registrar of Titles.
She will be up for cross-examination on October 7. Makerere argues that the land was donated to them by then governor in 1943. More defence witnesses are expected before the court sets a judgement date.
Katakwi IDP raid case (11 years old)
In 2002, Kasilo County MP Elijah Okupa filed a case against the Attorney General faulting government over a raid on an internally displaced people’s camp in Ngariam, Katwaki District by personnel of the Anti-Stock Theft Unit. Over 60 people were killed and property looted in the attack that affected 2,000 people.
Mr Okupa is seeking for an order directing government to compensate the loss of lives and property. The case was first filed at the High Court in Mbale but was never attended to due to absence of a judge. When a High Court jurisdiction was created in Soroti in 2004, the case was moved there but it stayed on the shelves until recently when Justice Elizabeth Nahamya listened to it.
Capt Byarugaba’s case (10 years)
In 2003, Capt (rtd) Amon Byarugaba was arraigned before the General Court Martial after he was reportedly captured from the Ituri jungles in DR Congo where he was reportedly working with a rebel group, the Peoples Redemption Army (PRA).
The group was accused of trying to overthrow the Kampala regime. Whereas Capt Byarugaba denied the accusations, his co-accused admitted to the crimes and were granted amnesty. Capt Byarugaba remains in remand, a decade later, since his case still awaits a ruling by the Court Martial on his appeal to challenge the trial.
Nubian Community (nine years)
In 2007, three members of the Nubian Community; Ismail Dabule, Mustapha Ramathan and a one Kassim, representing over 1,400 others petitioned the Constitutional Court against the Attorney General and Bank of Uganda.
The group accused the two institutions of failing to unfreeze their accounts which had been frozen in 1982 and 1983 by the Obote II government that accused them of associating with the Idi Amin regime.
The Constitutional Court said they were free to access their accounts after a 2007 law that repealed the Obote regime’s action. The matter, however, is still pending before the Supreme Court.
Nyakana against Nema and AG
In 2005, Mr Godfrey Nyakana (current mayor Kampala Central) petitioned the Constitutional Court challenging the National Environment Management Authority (Nema) Act against the environment authority, the Attorney General and five other parties.
The case was dismissed in 2009 and Mr Nyakana appealed to the Supreme Court where the case is pending determination.
The case arose from Nema demolishing Mr Nyakana’s house in Bugolobi, Nakawa Division over violation of environment.
Rights activists Vs government
Foundation for Human Rights Initiatives (FHRI) petitioned the Constitutional Court against the Attorney General as a statutory respondent in 2006 challenging certain provisions of the Trial on Indictments Act, the Magistrate’s Courts Act, the Uganda Peoples Defence Forces Act and the Police Act as being inconsistent with the Constitution.
The petition succeeded partly before the Constitutional Court in 2008 but FHRI appealed in the Supreme Court where the matter has been pending since July 2009.
People’s Redemption Army case
Following the dismissal of a criminal case against two security officers in connection with the 2007 High Court siege, the Uganda Law Society (ULS) filed a Constitutional petition seeking for court to determine the powers of the Directorate of Public Prosecutions under the Constitution. ULS is seeking for interpretation of the powers of the DPP in taking over privately instituted matters.
However, about six years since the filing, the matter has not been heard and or determined despite the Constitutional provision that provides for expeditious hearing of Constitutional matters.
The ULS petition had instituted private prosecution against Mr Ivan Nkwasibwe, then Divisional Police Commander at Kampala Central Police Station and Mr Sam Edotu, then, an Assistant Superintendent of Police for Luzira Upper Prisons for allegedly ignoring pleas by both the Deputy Chief Justice and the Principal Judge to leave the court premises during a bail application hearing of 10 suspected members of the PRA.
Court mandate
-Justice shall be done to all irrespective of their social or economic status;
-Justice shall not be delayed
-Adequate compensation shall be awarded to victims of wrongs;
-Reconciliation between parties shall be promoted.
-Substantive justice shall be administered without undue regard to technicalities.
-The courts shall furthermore be independent and shall not be subject to the control or direction of any person or authority.
Judiciary speaks out
According to Mr Erias Kisawuzi, the Judiciary spokesperson, (pictured) disposal of many cases has delayed due shortage of manpower. “But following the appointment of new judicial officers in both the higher and subordinate courts, we expect an improvement in performance and disposal of cases,” Mr Kisawuzi, said. He explained: “As a starting point, the impact cannot be significant but the judges are settling in and have begun to study and devise means to do away with the backlog.”
Mr Kisawuzi revealed that the Court of Appeal is currently updating cases to sort out those overtaken by events and where parties have lost interest. “In the last two weeks, a total of 100 cases have been disposed of. I am sure more interventions and significant results will be realised,” Mr Kisawuzi, said.
