ULS Members Question the Independence of the Judiciary, Threaten to Boycott all their Activities

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Jude Byabakama, a constitutional lawyer

The lawyers under the umbrella of the Uganda Law Society (ULS) have cast doubt on the independence of the judiciary and threatened to boycott all judicial activities.

According to Jude Byabakama, a lawyer and member of the ULS, the independence of the judiciary is being undermined.

“Members of ULS are being gagged and cannot discuss the independence of the judiciary, yet it is the hinge of us who practice law; there is no point having lawyers without an independent judiciary,” Byabakama said.

He made these remarks on February 8, 2024, during a discussion on “the independence of the judiciary and whether it is under threat” while being hosted on national television.

Byabakama noted that the collaboration between the judiciary and other branches of government, particularly the executive, is beginning to become a matter of concern. He noted that he acknowledges the need for funding but retaliates that if the funds end up compromising the judiciary’s independence and impartiality, then they would prefer less funding with an independent judiciary.

However, James Ereemye Mawanda, the Public Relations Officer of the Judiciary, said they respect the ULS and its membership, stating that the judiciary has never chosen to interfere with how ULS operates and that they have not gagged anyone.

James Ereemye Mawanda, the Public Relations Officer of the Judiciary

“For instance, one of their own, exercising his right to redress in a court of law, went to court. ULS was served and had an opportunity to contest the application, which was exercised before the judge, who later rendered a decision,” Mawanda said.

“It is important for everyone to appreciate that when a matter is before court,we should respect the due process of the law,” Mawanda added.

He further noted that the President, in his message during the judges’ conference, stated that the courts should be allowed to exercise their functions independently. He also said that Chief Justice Alfonse Owiny-Dollo re-echoed his resolve to continue working with other arms of government and ensured that he would continue defending the independence of the judiciary.

“I want Byabakama to appreciate the relationship between the arms of government and how they function, and I don’t know why he has issues appreciating that the executive is committed to ensuring that there is independence,” Mawanda queried.

In the judicial system of Uganda, the constitution provides for the independence of the judiciary, and the Supreme Court is the final court of appeal. It is presided over by the Chief Justice and comprises not more than ten judges.