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Kampala, Uganda | THE INDEPENDENT | The Uganda Law Society (ULS) has handed its Radical New Bar Demilitarization Award to Senior Advocate Ladislaus Kiiza Rwakafuuzi for his tireless efforts in fighting for an independent and demilitarized judiciary in Uganda.
The citation, presented by ULS President Isaac Ssemakadde, recognizes Rwakafuuzi’s lifetime commitment to defending the rights of the most vulnerable in society. Rwakafuuzi, now 63 years old, has dedicated his entire legal career to standing up against the trial of civilians in military courts, a practice that has ravaged communities across Uganda.
Ssemakadde who was represented by Lawyer Gorreti Nakamya, the Spokesperson of Radical New Bar Think Tank, praised Rwakafuuzi’s bravery in the face of adversity, noting that his health has faltered, and he has suffered a stroke, but his spirit remains unbroken.
The award, she said, is a testament to Rwakafuuzi’s unwavering commitment to justice and his role in reshaping Uganda’s legal landscape.
Ssemakadde highlighted Rwakafuuzi’s pivotal defense of Rtd. Col. Dr. Kizza Besigye and his numerous co-accused, who faced grave charges of terrorism and illegal possession of firearms before the General Court Martial in November 2005. Through Rwakafuuzi’s momentous leadership of Uganda’s human rights bar, Dr. Besigye secured the transfer of his case to the High Court, establish the landmark precedent on bail.
Ssemakadde also noted that Rwakafuuzi’s defiance of the UPDF Act ignited a beacon of hope for thousands of civilians trapped within the deeply flawed system. Although the battle reached the Supreme Court in Namugerwa Hadijah v. Attorney General (Civil Appeal 4 of 2012), victory remained elusive.
Yet Rwakafuuzi’s persistence ultimately bore fruit in the watershed case of Michael Kabaziguruka v. Attorney General (Constitutional Petition 45 of 2016), where the Constitutional Court finally struck down the practice of trying civilians in military courts as unconstitutional.
Ssemakadde emphasized that Rwakafuuzi’s award is not just a recognition of his past achievements but also a call to action for the Uganda Law Society to pursue his long-overdue appointment as Senior Counsel under the Advocates (Senior Counsel) Regulations 2018.
In his acceptance remarks, Rwakafuuzi expressed his concerns about the state of justice in Uganda, emphasizing the importance of legitimate expectation and the rule of law which he described as the bedrock of justice.
He reflected on his experiences during the overthrow of Idi Amin and the subsequent ‘imposition’ of peace by the National Resistance Army rebels. Rwakafuuzi revealed that he survived a bullet during the tumultuous period in Wandegeya during those days. He however lamented that the people who ushered in that peace have started bouncing it back, saying he is not surprised after all, ushers are also bouncers.
As a seasoned lawyer, Rwakafuuzi shared that he has represented clients in several high-profile cases, including Karugaba Vs Attorney General. He questioned the constitutionality of executing soldiers who robbed and killed an Irish priest, Father Anthony, in Karamoja. Rwakafuuzi stated that he successfully argued the case, and the Supreme Court ultimately ruled that the execution was illegal as there was no war in Karamoja during that time that called for a field Marshal to sit and execute someone.
Rwakafuuzi also discussed that the General Court Martial (GCM) was started around 2001and that it was supposed to deal with a crisis that arose from the elections where many people had guns, a crisis he said was created by the Government at that time.
He noted that the late Gen Elly Tumwine was the first Court Martial Chairperson and dismissed some cases that were not fit to be before him, including a case when someone was arrested from a construction site and charged before the Court Martial over robbery of a doorbell.
Here, the frail speaking Rwakafuuzi stated that the late Gen Tumwine dismissed the case and it was later taken to Buganda Road Chief Magistrates Court.
Rwakafuuzi expressed his disappointment with the current state of affairs, particularly with regards to the 2021 elections, which were marred by violence and bloodshed. He noted that the elections saw blood on the streets, highlighting the need for free and fair elections.
Additionally, Rwakafuuzi recalled the 2001 elections, which were marked by a lot of thuggery. He criticized the notion that certain weapons, such as star pistols, are a monopoly of the UPDF.
Rwakafuuzi cited the case of Hadija Namugerwa, a relative of Sali Muhammad an accused person whom he represented in the Court Martial, who was found with a star pistol.
He argued that the prosecution’s case relied on the premise that the pistol was a monopoly of the UPDF, which is not supported by law.
According to Rwakafuuzi, this is not the case, as pistols can be licensed for civilian use. Rwakafuuzi drew a distinction between pistols and military equipment like tanks and grenades, which should indeed be a monopoly of the Defense Forces. He said that for sure if a person is found with a tank or a grenade at least, the Court Martial can try him.
Rwakafuuzi has called upon all people to come together to support the rule of law and ensure that legal processes are followed to prevent abuse of power and protect citizens’ rights to avoid taking the nation back to war.
ULS awards history
Recently, the Bar withdrew its award which they had given to Justice Musa Ssekaana of the High Court Civil Division after they accused him of professional misconduct.
The Demilitarization Award to Rwakafuuzi comes at a time when the Supreme Court is on January 31st 2025 expected to deliver judgement in the case that will determine whether civilians should continue to be tried in the General Court Martial or not. The decision will arise from an appeal filed by the Government against former MP Michael Kabaziguruka who successfully challenged his treachery trial in the General Court Martial.
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