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Kampala, Uganda | THE INDEPENDENT | A dispute within the Uganda Law Society (ULS) over next week’s Extra Ordinary General Meeting has been sent into mediation.
Justice Musa Ssekaana on Wednesday ordered the parties to engage in mediation after ULS lawyer Jude Byamukama informed the Court that they wanted to settle the matters out of court.
Byamukama asked the Judge to give them 30 minutes to sign a consent arising from the case filed by ULS member Hashim Mugisha Mugisha, who sued the society over several decisions made by its leadership. Byamukama told the Judge that in case they don’t agree within that time, he can then hear the case.
However, Justice Ssekaana declined saying that he was to give them ample time to do mediation and failure of which, he was to deliver his decision on December 13th before midnight. Ssekaana said that he had enough evidence from both parties.
According to court documents, Mugisha Mugisha sued ULS, Eddy Nangulu the Interim Secretary for the ULS Council and Phillip Munaabi the Suspended Secretary.
Mugisha Mugisha in his application sought several declarations and orders, including a declaration that the decision to expel Isaac K. Ssemakadde and Asiimwe Anthony as President and Vice President of ULS by Munaabi was illegal.
Mugisha also sought an order of certiorari to quash the decision suspending Munaabi and Geoffrey Turyamusiima from the ULS Council by Ssemakadde saying it was equally illegal. Additionally, he is seeking a declaration that the meeting and decisions of the ULS Council dated November 24, 2024, were unlawful, irregular, and procedurally improper.
However, instead of proceeding with the hearing, Justice Ssekaana ordered the parties to engage in mediation. The judge directed the applicants to file their submissions by the end of today, while the respondents have been given until tomorrow to file theirs. The ruling in the case is expected to be delivered on December 13, 2024, before midnight.
The dispute has brought to the fore the internal conflicts within ULS, with some members accusing the society’s leadership of acting ultra vires and in contravention of the ULS Council Charter.
Mugisha, in his application, contends that he is an advocate of the High Court of Uganda and a duly paid-up and subscribed member of ULS, with sufficient interest in the management and running of its affairs. He argues that the decisions made by the ULS Council were ultra vires, procedurally improper, and illegal.
However, lawyer Steven Kalali argues that Mugisha Mugisha’s matter is an attempt to block the Extraordinary General Meeting scheduled for December 17, 2024. Kalali claims that the meeting has been scheduled to comply with a court decision in Miscellaneous Cause No.129 of 2024 Kalali vs ULS.
He also states that nominations for the election of the Society’s Representatives to the Judicial Service Commission have been conducted, and candidates have paid nomination fees of Two Million Shillings each. “I have read and understood the pleadings filed in Miscellaneous Cause No.263 of 2024 and the Applications thereunder. This matter is filed to prevent the holding of the Society’s Extraordinary General Meeting on 17th December 2024 on spurious grounds”, reads Kalali’s affidavit.
Kalali states that the Uganda Law Society Act does not require that notices for members of the Society be strictly and specifically signed by the Secretary. Meetings are convened by the Council.
“I am also aware that a fraudulent document issued by the Society’s renegade and suspended Secretary, Phillip Munaabi, purporting to expel the President and Vice President had no legal or practical effect at all”, adds the affidavit.
He contends that both officeholders are normally performing their duties that they were elected to perform and therefore void and meaningless documents do not need to be set aside.
He said that the orders sought are therefore largely cosmetic except for the orders calculated to block the conduct of the Extraordinary General Meeting scheduled for 17th December 2024.
“The orders sought in the substantive cause and the applications are calculated to aid and benefit the 4th Respondent, Phillip Munaabi. Certainly, he is in support of a grant of the orders sought”, reads the case.
Justice Musa Ssekaana has also fixed December 13th to decide on an application filed by former ULS President Pheona Nabasa Wall challenging the decision by ULS not to nominate her for the elective position of representatives of ULS to the Judicial Service Commission.
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