Law Society wants new IGG to resign from the Judiciary

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The Uganda Law Society (ULS) has implored the newly appointed Inspector General of Government (IGG), Justice Aisha Naluzze Batala, to resign from the judiciary.

In a statement issued on Friday, ULS vice president Anthony Asiimwe said this will maintain judicial independence and avoid conflict of interest.

“The Uganda Law Society (ULS) welcomes the appointment of Justice Aisha Naluzze as IGG following her confirmation by Parliament. However, the ULS notes that her continuation in the judiciary Service while serving as IGG would be unconstitutional,” the statement reads in part.

Before her appointment by President Yoweri Museveni as IGG last week, Naluzze served as a judge of the High Court.

Citing Article 223(4) of the Constitution, ULS argues that the provision prohibits the IGG from holding any other office of emolument in the public service.

Asiimwe argues that the provision coupled with the doctrine of separation of powers and judicial independence, necessitates Naluzze’s resignation from the judiciary.

“Pursuant to section 3(e) of the ULS Act, the ULS advises Justice Naluzze to resign from her judicial office before her swearing-in as IGG to avoid litigation and potential halting of the Inspectorate’s operations. Failure to do so would be a violation of the Constitution and the Administration of the Judiciary Act, and a blemish on her integrity,” the ULS statement further reads.

The ULS relies on the Constitutional Court’s decision in Jim Muhwezi and three others versus Attorney General and another, Constitutional Petition no.10 of 2008, where it held that the appointment of a sitting judge as IGG is unconstitutional and violates the separation of powers.

ULS also argues that section 20 of the Administration of the Judiciary Act requires a judicial officer appointed to an institution outside the judiciary to apply for leave of absence without pay “for a period not exceeding three years,” or retire from the judiciary.

“Given the four-year term of the IGG office, renewable only once, Justice Naluzze’s appointment effectively terminates her judicial office,” Asiimwe argues.

Efforts to get a comment from Justice Naluzze were futile. Justice Naluzze is not the only judge to serve in the position.

Court of Appeal judge Irene Mulyagonja also served as IGG, but she never resigned from the judiciary but only took a leave. 

When her term as IGG expired, she returned to the judiciary and resumed her judicial work. 

When contacted over the matter, the judiciary spokesperson James Ereemye Mawanda said they will advise after her confirmation.

“Her lordship just appeared in Parliament for vetting yesterday (Friday), and after vetting, the report was forwarded to the appointing authority. So, we shall advise when the appointing authority confirms her,” Mawanda said.