Museveni’s comments on judges stir up public

By Joshua Kato and Asuman Bisiika

Last week, the Constitutional Court annulled the 2000 Referendum Act, sighting improper procedures followed before the Act was passed. The court also ruled that because of this, the 2000 referendum on political systems is also nullified. The petition was made by, among others, Dr. Paul Ssemogerere of the Democratic Party and Kasiano Wadri (MP Terego).

On Sunday, President Yoweri Museveni disputed the court ruling. He argued that it seems that courts are taking over the role of the legislature, by trying to make laws of their own. He said there is neither political crisis, nor anarchy.
The New Vision sought reactions from several Ugandans and below is what they said.

Erias Lukwago, Democratic Party Lawyer, “Museveni has committed treason. He has declared a Constitutional Coup by lambasting the honourable judges. If he cannot abide by the ruling of the courts, it amounts to treason and a serious abrogation of the Constitution in accordance with article 3.”
Francis Babu, State Minister for Energy, “There is absolutely no Constitutional crisis. There is no anarchy. Like the President said, I don’t agree with the way the judiciary is interfering with the affairs of parliament. They are overstepping their boundaries. If this does not stop, we might have the judiciary running the legislature.”

Elly Karuhanga, city lawyer, “I am yet to read the President’s statement, but according to the judgement, the judges left the country hanging. They never gave a way forward, in such a judgment of serious and fundamental political implications. This can create anarchy and chaos. They behaved like a mechanic to whom you take your car and tell him to work on the engine, but at the same time the car has flat tires. After working on the engine, he tells you to drive off, without caring if you are going to crash or not. The other is, they seem to imply that even the 2001 elections were null and void. It is like, saying that President Museveni has not served another term. Are we going to have new elections to legalise this government?

Mwambutsya Ndebesa, MUK political scientist, “The pretence of constitutionalism in Uganda has been thrown overboard. Otherwise, even if you disagree with the judges, the right person to react to the court ruling should have been the Attorney General. By the President coming out and lambasting the judges, he is interfering in the due process of court. His references to power belongs to the people are veiled abuses of this power. He does not tell them that this power is to be exercised in accordance with the Constitution. Historically, such statements were made by Napoleon in France, Adolf Hitler in Germany under the Nazis and by Musolini in Italy, yet in actual sense; those leaders were abusing the power of the people.

Mary Karooro Okurut, (MP) “The President was absolutely right. The role of the courts in the long run is advisory. But in this case, they did not give the way forward. They should have said that in future, this is what should be done. They certainly should not have called everything null and void. It was an injustice to Ugandans. If two children under 18 get married and at the time of marriage, nobody comes up to challenge the marriage. After 10 years, some body comes up and says that these people married below 18 years. Do you kill the children from that marriage?”

Andrew Kasirye, former president of the Uganda Law Society, “I am not speaking as a member of the Law Society. It was wrong for the President to attack the Judiciary. He knows that all arms of government derive their powers from the Constitution. He behaved as if he was still in a guerrilla war, he should realise that this has long changed and he is now running the country under a Constitution. The implication is that since article 271, that called for the referendum was not enforced and since the Movement system had a time limit, whose procedures of continuity were not followed, then it means that the country has been under multiparty since 2000.

James Kakooza (MP-Kabula) “The President was right. I respect the judges, but the court ruling lacked some sense. In 2000, the people of Uganda exercised their constitutional right and voted for the Movement system. What was wrong were the procedure and not the voting itself. The court ruling should have emphasised the way forward and respect the voice of the peasants who voted. I don’t also believe that the Constitution should not be changed. This is an ongoing process. The US Constitution has been around for 200 years, but it has been amended 27 times. There is no reason why our Constitution of only nine years cannot be amended.

Mike Chibita Wa Duallo, “I did not listen to the President. I have not yet read the Constitutional Court ruling. I have just received a copy so I cannot comment basing on hearsay.”

Professor Ssemakula Kiwanuka, Minister of State for Luwero Triangle, “I am yet to read the report. I don’t want to comment basing on hearsay.”

Sam Njuba, Reform Agenda “It is barbaric. It is an indication that the country is headed for a brutal dictatorship. Museveni should not have attacked the judges in public like that. Besides, Museveni’s remarks have confused the population. The public now does not know whether to trust the judges or not. The best he should have done was to appeal the ruling without attacking the judges whose actions are institutional actions. He is the one who appointed them after some consideration, so they deserve better than being ridiculed in public. I don’t need to consult my colleagues on a self-explanatory issue like this. I said it is barbaric. Reform Agenda may merely improve on my vocabulary.”

Guy Rijcken, Charge D’Affairs at the EU Delegation in Uganda, “I cannot comment on the issue now. I would feel uncomfortable commenting on an issue I view as an internal matter.” Schlacter, an official from the Public Affairs Section of the American Embassy in Uganda says: “We understand the question, but we are not in position to comment on the President’s speech and the Court ruling now. Perhaps later.”

Jack Sabiiti, MP Rukiga County, “I am not surprised about Museveni’s denunciation; that is how dictators always behave. Museveni does not tire of telling us that he went to the bush to restore the rule of law and to make sure that the institutions mandated by the constitution operate without any interference. Museveni should know that he is not the law and the constitution.
His rejection of the judgement does not make it a nullity. He should accept the reality that the people of Uganda will accept not everything he wants.”

Captain Charles Byaruhanga, MP Kibaale County “ It is madness; otherwise what else would one call it. But I think what we need now is some soberness. The best that should have been advised was to appeal. I think the president’s advisors misadvised him on the issue. The president should have been the last person to say what he said.”