National
Magistrates to stay at Anti-Corruption CourtPublish Date: Mar 25, 2014
Magistrates to stay at Anti-Corruption Court
  • mail
  • img
Principal State Attorney Patricia Mutesi after the judgment at Supreme Court. PHOTO/ Tony Rujuta.
newvision

By Hillary Nsambu                              
 
Chief Magistrates and Grade One Magistrates must continue with their work as judicial officers at the Anti-Corruption Division of the High Court without interruption, the Supreme Court has ruled.


 “Any person adversely affected by the exercise of jurisdiction by any magistrate is free to seek appropriate judicial remedy,” the Supreme Court ruled Tuesday.

The court dismissed an application in which a Kampala lawyer, Davis Wesley Tusingwire, had sought to discontinue magistrates from sitting at the Anti-Corruption Division of the High Court; arguing that their inclusion in the division was a violation of the Constitution.

Justice Bart Magunda Katureebe headed the coram that unanimously dismissed the application. The other members of the panel were Justices Jotham Tumwesigye, Dr Esther Kisaakye-Kitimbo, John Wilson Tsekooko and Christine Nakaseeta Kitumba.

Tusingwire had earlier lost a petition in the Constitutional Court by a 4-1 majority judgment in which the court ordered that the trials at the Anti-Corruption Court should proceed with the magistrates sitting at it as mandated judicial officers.

Tusingwire had earlier lost a petition in the Constitutional Court by a 4-1 majority judgment in which the court ordered that the trials at the Anti-Corruption Court should proceed with the magistrates sitting at it as mandated judicial officers.

 The applicant had challenged the validity of the High Court Anti-Corruption Division on practicing directions by the Chief Justice. He had also sought a stay of execution of the judgment of the Constitutional Court, saying that he had filed an application to stay the lower court’s orders.

“We have carefully considered the arguments and submissions of both counsel. We reiterate that we have decided in numerous cases before that in this type of application it has to be shown that there is a likelihood of success in the appeal.
It must also be shown that there is a danger if irreparable harm being suffered by the applicant if the orders sought are not granted and the balance of convenience must favour the applicant,” the court ruled.

They court also ruled that at that stage it could not go into the Constitutionality of the direction issued by the Chief Justice. It was further ruled that the constitutionality of the directions and practice issued by the Chief Justice would be considered at the appeal stage.

The court ruled that the applicant would not suffer irreparable damages if the order sought was not granted and that the balance of convenience is more in favour of the Anti-Corruption Division of the High Court.                                                       
                                     

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
We have not cut Aids funding to Uganda - USAID
US will continue to provide development aid to Uganda despite the enactment of the anti-homosexuality law by the latter, United States Agency for International Development has said....
Zziwa cautions women against corruption
Women should be corrupt-free if they are to achieve 50/50 representation in leadership positions, the Speaker of East African Legislative Assembly (EALA), Margaret Zziwa has advised....
Magistrate fails to show up for Rwakataka bail hearing
Prison authorities have heightened security at Kalisiizo Magistrates Court as Uganda''s prominent rally driver Ponsiano Rwakataka reappears today for bail application in a case of alleged assault of a police officer...
Police dispatch disciplinary units to Rwenzori region
Three Police disciplinary units are in Rwenzori region in western Uganda to hear cases of security personnel accused of poor response to the July 5 attacks that claimed at least 92 lives in Bundibugyo, Ntoroko and Kasese districts....
Girl dies from eating mattress
THE doctors had realised what was happening. Time of death 3:05am. But Sarah’s mother did not know. She kept touching her daughter’s feet.They were cold. She tried to cover them, but they could not get warm....
Katikkiro Mayiga to take Ettoffali drive to London
Baganda and well-wishers in the UK are set to receive the Katikkiro Charles Peter Mayiga, as part of his ongoing campaign to collect funds dubbed ''Ettoffali''....
With the recent increase of the HIV prevelance rate, Is Uganda losing the fight against the disease?
Yes
No
Can't Say
follow us
subscribe to our news letter