Uganda Law Society asks court to halt JSC activities

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The Uganda Law Society (ULS) has petitioned the Constitutional Court, seeking orders halting the Judicial Service Commission from operating, arguing that the way it is constituted violates the Constitution and threatens the fairness of Uganda’s judicial system.

ULS filed the petition against the Attorney General, who is the principal legal advisor to the government, on July 8.

The law society contends that the commission lacks representation from the ULS, which renders all the decisions undertaken currently as illegal and a danger to the rule of law.

“If the JSC’s operations are not halted, the public may face unfair trials, biased judgements and lack of accountability from judicial officers. This could erode trust in the Judiciary, leading to social unrest and undermining the rule of law. The Judiciary may also face a crisis of legitimacy, comprising its ability to deliver justice,” the documents read in parts.

The ULS, therefore, wants the court to temporarily halt JSC operation, stop recruitment of judicial officers and stop the implementation of the Judicial Service Regulations, which it claims is unconstitutional.

“We cannot allow it to operate in a way that breaks the Constitution. This action is about restoring a transparent and accountable judicial system that serves all Ugandans,” ULS vice-president Anthony Asiimwe, said.

The ULS has also written to Chief Justice Alfonse Owiny-Dollo, requesting that the court prioritises the case due to its urgency and importance to the public.

“We are ready to follow the court’s guidance to resolve the matter quickly,” the ULS litigation manager for legal aid project, Mariam Nansukusa, said.

ULS purports that the current composition of the seventh commission is not properly constituted because it lacks the members nominated by the society, as required by Article 146 (2) (c) of the Constitution.