Judiciary to block MPs debate on tax
Feb 02, 2005
JUDICIAL officers are seeking to block Parliament from debating the part of the Government White Paper, which proposes that they should pay taxes.
By Hamis Kaheru
JUDICIAL officers are seeking to block Parliament from debating the part of the Government White Paper, which proposes that they should pay taxes.
Pearl Advocates and Solicitors representing the judicial officers wrote to the Speaker, Edward Ssekandi, on January 19, saying the matter was before court.
The lawyers cited a petition in the Constitutional Court in which the judicial officers want court to declare that taxing their salaries, allowances and privileges contravenes Article 128(7) of the Constitution.
The Article says: “The salary, allowances, privileges and retirement benefits and other conditions of service of a judicial officer or other person exercising judicial power, shall not be varied to his or her disadvantage.â€
Judges of the High Court and above have resisted taxation since 1995 when the Constitution was enacted but other officers like registrars and magistrates have been paying taxes.
The petition further seeks a declaration that registrars, magistrates, state attorneys and court clerks are judicial officers and their salaries must not be subject to taxation.
Wilson Masalu Musene, the Registrar of the Supreme Court and the Commercial Court Registrar, John Keitirima, are leading the petitioners. Others are Grade One Magistrate Ronald Sekagya and Araali Muhiirwa, a Grade Two Magistrate.
JUDICIAL officers are seeking to block Parliament from debating the part of the Government White Paper, which proposes that they should pay taxes.
Pearl Advocates and Solicitors representing the judicial officers wrote to the Speaker, Edward Ssekandi, on January 19, saying the matter was before court.
The lawyers cited a petition in the Constitutional Court in which the judicial officers want court to declare that taxing their salaries, allowances and privileges contravenes Article 128(7) of the Constitution.
The Article says: “The salary, allowances, privileges and retirement benefits and other conditions of service of a judicial officer or other person exercising judicial power, shall not be varied to his or her disadvantage.â€
Judges of the High Court and above have resisted taxation since 1995 when the Constitution was enacted but other officers like registrars and magistrates have been paying taxes.
The petition further seeks a declaration that registrars, magistrates, state attorneys and court clerks are judicial officers and their salaries must not be subject to taxation.
Wilson Masalu Musene, the Registrar of the Supreme Court and the Commercial Court Registrar, John Keitirima, are leading the petitioners. Others are Grade One Magistrate Ronald Sekagya and Araali Muhiirwa, a Grade Two Magistrate.