In the recent past, some members of the legal fraternity have accused the executive of interfering with the independence of the Judiciary.

This has drawn from the December 7, 2023 letter that President Yoweri Museveni penned to the Chief Justice Alfonse Owiny-Dollo concerning the impending attachment of Muslim properties including Gaddafi national mosque over a sh19b debt Uganda Muslim Supreme Council (UMSC) owed to businessman Justus Kyabahwa arising out a botched land transaction.

Chief Justice Alfonse Owiny-Dollo arrives for the New Law Year at the High Court in Kampala on Friday (January 09).

Museveni wrote to the Chief Justice seeking his indulgence after the commercial court and Court of Appeal had ordered the attachment of several properties of UMSC including Gaddafi national mosque to settle the debt causing anxiety in the Muslim community.

While the letter by Museveni to Owiny-Dollo has been interpreted by some lawyers as interference with the independence of the Judiciary, the Attorney General (AG) Kiryowa Kiwanuka has clarified that all the three arms of Government owe a duty to the citizens to work together to realise their aspirations as stipulated in the constitution.

Judicial officers at the high court for the new law year opening.

Speaking at the opening of New Law Year 2024 at the High Court in Kampala on Friday, Kiryowa said when the three arms of Government work together, it does not mean interference in each other’s function.

“We have had a lot of excitement about the communication between the President, the Chief Justice and the Uganda Law Society (ULS) attempting to sit to discuss it. This is a communication between one arm of the state with another arm of the state. If ULS has the legal mandate as we say to communicate our grievances to the Judiciary, why then doesn’t the executive have the right to communicate its grievances to the Judiciary? Let us know how far we must go,” Kiryowa said.

Kiryowa also the head of the bar advised lawyers to always use the right forum when aggrieved with a decision of any judicial officer.   

“I was appalled by the decision of a section of law society members to discuss or in fact discipline a judicial officer in the conduct of their judicial functions-that must stop. If one is aggrieved by the decision of a judicial officer, your place is before the court whether you agree with it or not. What were you going to do? Were you going to summon the judicial officer before ULS-that is wrong, we must know how far we must go and at which forum to address our grievances,” Kiryowa said.

The 1995 constitution established Uganda as a republic with an executive, legislative, and judicial branch each with separate, independent powers and responsibilities but working together towards ensuring equity, accountability and transparency in their work in accordance with the Constitution.

For the country to realise Vision 2040 and the National Development Plan III, Kiryowa said it is important that the three arms of Government cooperate with one another to ensure that no branch of Government is disadvantaged in its operations.

“The presence of the three arms of government at this function shows how far our democracy has developed. Previously, the opening of the new Law Year was a function of the judiciary and ULS but it has since become a national function that involves all the three arms of the state ready to plan the administration of justice together,” he noted.

In regard to access to justice, Kiryowa stressed that justice in its truest form can only be realised when the victims of wrong are able to have their grievances pacified by the various justice actors in line with due process and the rule of law.

“We, the lawyers, are the guardians of the rule of law, let us exercise integrity beyond reproach. Let us refrain from acts that bring the integrity of judicial officers into disrepute. I am not saying you do not raise complaints but let us find the correct forum to do it,” Kiryowa said.

Misconduct

Kiryowa also expressed concern over gross misconduct among lawyers. 

“We have concerns outside the judiciary which include obnoxious noise through social media and an increasing breaking of observance of the sanctity of court and legal processes. There is no need for a person aggrieved with a court decision, more so a lawyer to call a press briefing lashing out at a judicial officer when one has a right to appeal,” he said.

Owiny-Dollo said the judiciary is fully open to a bar-bench conversation to iron out the matters which lawyers have raised.

“If there are issues, we can discuss them and don’t be surprised we can agree with you on all of them but if you begin by attacking me, we are going to spend the entire day fighting because I will fire back. My plea to my brothers and sisters in the legal profession, let us have decorum, let us build the judiciary together because it is your marketplace where you do your professional trade. Let us respect one another. Let us not damage this country as if we can run to another planet,” Owiny-Dollo said.

Owiny-Dollo said judicial officers will continue to render justice in accordance with the law and oath that each one of them took.

“We will not be intimidated by any insult; we will never render justice out of fear because that is what we swore. No number of barbs, insults or ridicule will make us fear to render justice. We will also not favour anyone in our decision, if your evidence falls within what the law provides, we will pronounce so, and we will not be guided by affection. My brothers in the ULS, we will not be guided by ill-will,” he said.

Owiny-Dollo it was not a wise decision for lawyers to boycott the opening of the New Law year.

“I cannot understand how a person can say I am going to boycott a judiciary function because a judge made a decision I am aggrieved at, it makes no sense coming from a legal profession. Suppose the Judiciary says we are also going to boycott lawyers and let the litigants appear by themselves, where will we end? There is a saying do not hold a tiger by the tail. For any of you who hate the Chief Justice, there are hundreds of people who love him,” he said.

He said while the judiciary welcomes and appreciates criticism, it must be constructive and intended to help judicial officers to realise that they could have done something wrong.

“For me as Owiny-Dollo, you abuse me, I will respond for the simple reason that I don’t hold grudges. When I respond, it ends there. Probably, those who keep quiet hold grudges. For me, we deal with that matter and it ends because you have no right to abuse me, but you have every right to constructively criticise me and I realise that oh I was in the wrong and I will own up if I am in the wrong and that is how it should be,” he said.

Abusing judicial officers because of their decision is a no-go area way beyond the redline, Owiny-Dollo warned.

“Judges give justice to those criticizing them. We are ready to talk with our brothers and sisters in the legal fraternity so that we can move together. We are not demi-gods but human beings. True, there is a time when we falter, but there are better ways of sorting it out for the good of the legal profession and justice delivery to our people,” he said.

ULS president Bernard Oundo said all efforts should be focused on creating an enabling practising environment that promotes the rule of law and independence of the Judiciary.

“As we ULS, today we have two orders from courts that may have implications on the right to assembly and freedom of association with far-reaching implications on the mandate of the ULS. There is a need for a robust, bar-bench relationship that fosters an environment that allows the bar to speak out on matters related to the rule of law and administration of justice in this country,” Oundo said.

Oundo said there cannot be a meaningful people-centered approach to justice if justice seekers cannot believe that the court can adjudicate cases impartially and without external pressure.

“A justice seeker must have confidence he will have a fair opportunity to state his case to an affair-minded judge and that judge will not be receiving phone calls or letters from anyone directing how a case should be judged,” Oundo said.

Oundo also called for respect for court orders. 

“Today, it is very difficult for my members to execute court judgments. We ask that there is a commitment that court orders will be respected and all entities outside the court system should ensure that when there is a court order, their only obligation is to respect it,” he said.

Concerning alleged gross misconduct among lawyers, Oundo said ULS is committed to ensuring that its members act professionally and ethically.

Oundo, however, saluted the Government for supporting the Judiciary in its transformation agenda.