The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | 14 candidates vying for the position of Uganda Law Society (ULS) representative to the Judicial Service Commission have joined hands to defend the independence of the legal fraternity.
Addressing Journalists at the Uganda Law Society Headquarters in Kampala, the candidates through a joint statement read by the Acting Chief Executive Officer of ULS Christine Awori responded to a recent court decision in which they said it raised concerns about the potential erosion of the ULS autonomy, and as such have come up with one voice in defence to the legal profession and rule of law in the country.
At the heart of the controversy is a ruling issued by Justice Musa Ssekaana on December 13th, 2024, in the case of Hashim Mugisha Mugisha against the Uganda Law Society (ULS) and seven others in which he blocked the Extra Ordinary Annual General Meeting for lawyers where elections for ULS representatives to the Judicial Service Commission were to take place on Tuesday.
But in their statement, the candidates say that the decision has sparked fears among the legal fraternity that the ULS’s independence is under threat.
The candidates view the court decision as a deliberate attempt to undermine the ULS and its constitutional duties. They argue that the ruling poses a significant threat to the independence of the legal profession and the rule of law in Uganda.
According to the candidates, the recent developments represent an assault on the professional integrity and democratic rights of the legal fraternity. They warn that if left unchecked, this assault will take root and have far-reaching consequences for the justice system in Uganda.
In response to what they have described as a threat, the candidates have pledged to take four principled actions to defend the independence of the ULS. These actions include categorically rejecting any effort to reduce the ULS to a mere pawn in the hands of external interests and using all lawful means to challenge any affronts to the independence of the ULS.
They have also called upon all members of the legal fraternity, including those on the bench, at the bar, and in academia, to rise and unite in defence of the ULS’s independence.
They are also seeking support for the leadership of the ULS and standing with it in its pursuit of every legal, institutional, and administrative avenue available to protect the independence of the ULS.
The candidates who signed the joint statement are :
Amolo Shamim, Atim Podong Patricia (Dr), Kakooza Anthony Conrad (Dr), Kanduho Frank Rwabosy, Karuhanga Elison, Kusaasira Denis, Mbabaali Nabulime Mariam, Mbaziira Christopher (Dr), Mukibi Paul, Nabuuso Diana Katimbo, Ocen Milton Fred, Omongole Richard, Rezida Alex, and Ruyondo Edison.
All these are contesting on one position for which two representatives shall be elected and names forwarded to the President for approval/appointment.
The candidates through Awori say they will remain unshaken and ensure that the Uganda Law Society-ULS remains a beacon of Justice and accountability.
The Uganda Law Society-ULS Lawyer Jude Byamukama told Journalists that if the representatives are not elected as soon as possible, there will be a vacuum and that they will not have a representative contrary to the constitution.
According to Byamukama, the Judicial Service Commission cannot go ahead and continue making decisions like the recruitment and appointment of Judicial officers as it will not be fully constituted without representatives from the ULS, and as such, if it goes ahead it will be making illegal decisions.
Byamukama also described the orders issued by Justice Ssekaana as Judicial overreach saying that they were stopped from electing leaders which benefits the members of ULS and the public that he believes the majority of other Judicial Officers wouldn’t agree with him as well over his decision.
Trouble for the candidates and the ULS started on December 13th 2024 when High Court Civil Division Judge Musa Ssekaana blocked the Uganda Law Society’s (ULS) Extraordinary General Meeting and subsequent elections, which were scheduled for today December 17, 2024.
The decision arose from an application filed by Hashim Mugisha Mugisha, an aggrieved ULS member. Mugisha Mugisha challenged the legality of the meeting and how the posts that were to be replaced fell vacant.
He listed ULS and seven other lawyers as respondents, including Phillip Munaabi, the then-suspended Secretary of the ULS Council, and Geoffrey Turyamusiima, the Central Region representative who were also set to be replaced but the Court has since reinstated them in their respective positions.
The controversy began when ULS President Senior Counsel Isaac Ssemakadde recalled lawyers Ruth Sebantindira and Norah Matovu Winyi from the Judicial Service Commission, arguing that they had been unconstitutionally and unlawfully holding out as ULS nominees to the JSC since 2016.
Ssemakadde’s decision was based on February 2, 2024, High Court judgment by Judge Boniface Wamala, which declared that the current practice of appointing ULS representatives to statutory bodies without holding elections was a breach of the 1956 Uganda Law Society Act and the ULS Elections Regulations 2016.
The majority of the members of the ULS are aggrieved by Justice Ssekaana and have since withdrawn the ULS Award of Excellence from the Bench Previously granted to Judge Ssekaana in September 2021 and directed that he return it and remove any reference to it from his website and other documents where had listed it as an achievement.
Ssemakadde also in his Executive Order number three urged all members of the ULS to boycott Ssekaana for a period of at least one month effective immediately.
They have also held the Principal Judge Dr Flavian Zeija for alleged failure to address complaints given to him about Justice Ssekaana ‘s conduct
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