Why does State lose case after case?

Feb 13, 2004

SIR— The Government recently lost a legal battle against the Democratic Party on the constitutional amendment and lost

SIR— The Government recently lost a legal battle against the Democratic Party on the constitutional amendment and lost another one against the Monitor in less that a month.

I am concerned about the rate at which the Government is losing cases, most of them with serious constitutional implications.
Whereas one may be tempted to think that this is an indication of the independence of the Judiciary, such a school of thought loses ground when the Government loses case after case.

The Attorney General had to apologise for failing to provide the necessary evidence in support of the DP case and blamed his officers.
I am not a lawyer, but this trend of events clearly indicates incompetence on the part of the Attorney General and Solicitor General.

It is good to have an independent Judiciary, but this must go hand-in-hand with a strong and competent Attorney General as well a formidable Solicitor General if constitutionalism is to be built and sustained.

Samuel K. Mugasi
Makerere University

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