Report pins Executive on Judiciary interference

A 2016 State of the Judiciary report has unearthed rot, believed to be stifling the administration of justice and the rule of law in the Judiciary.

In the report titled, 'In Dire Traits? The State of the Judiciary Report 2016,' the executive arm of government is on the spot as the major inhibitor in the administration of justice and in comparison to the other arms of government, it ranks number one as the abuser of constitutionalism.

The head of the executive arm, President Yoweri Museveni, is mentioned in the report to have, in several instances, disregarded court orders and criticized the institution for doing its mandate.

The report cites his recent remarks, criticizing judicial officers for failing to convict government officers believed to be stealing government drugs from hospitals, and his move in October 2005, when he overturned a court order evicting bonafide and lawful land tenants across the country.

Other instances the report cites are, the 2005 siege at high court when former presidential candidate, Kizza Besigye and 14 other people on treason charges were released on bail by High Court only to be re-arrested.

It also makes mention of the recent siege of the Makindye Chief Magistrates court people protesting against the criminal trial of police boss, Kale Kayihura.

The report was compiled by Centre for Public Interest Law (CEPIL) with support from the Open Society Initiative for Eastern Africa (OSIEA) and was launched on Thursday, at Sheraton Hotel, by the Chief Justice, Bart Katureebe. 

CEPIL programs manager, David Okello said that these constant attacks have made judicial officers shy away and resort to the use of the Political Question Doctrine (PQD) to avoid making pronouncements that they feel may negatively affect the executive.

In the report, the Judicial Service Commission (JSC) has been pinned for relinquishing its constitutional role sourcing qualified personnel to head the institutions topmost offices, to the executive.

ULS president Francis Gimara hands over the report to Katureebe. Photo by Meddie Musisi

JSC is also blamed for failing to expeditiously resolve the over 886 cases brought to it for disciplinary action, which has slowed the administration of justice.

The report findings also indicate that the institution is marred by corruption, discrimination in the administration of justice and under performance which has made the public lose its interest in the institution.

However, speaking at the launch, Katureebe defended the institution saying that unlike the report findings that people have lost interest in the institution, there has been a recent influx of people going to the courts of law to seek justice.

"It appears to me that people still go to the judiciary despite the shortcomings," he said, adding that High Court judges have disposed of more cases than never before.

Katureebe said that the institution needs more man power to handle the case backlog and that they have severally begged the executive to come to their aid and increase the number of judges from 50 to at least 80, but it has not heed.

He stated that the judiciary has so far come up with several programs which are all aimed at face-lifting the sinking image of the institution.

These include, the amendment in the sentencing guidelines, the introduction of plea bargaining, small claims procedure and audio-visual link for evidence taking.

Katureebe stated that they are aiming at having a judicial system that is automated and has an e-filing and e-payment systems to avoid instances of corruption.

Francis Gimara, the president Uganda Law Society said that all Ugandans must be subjected to the rule of law on equal basis.

He warned the judiciary against going defensive on the attacks and instead face the brutal facts and work towards redeeming its glory.