Open letter to Nsaba Buturo
Nov 05, 2006
THE Minister of State for Ethics and Integrity, Dr. Nsaba Buturo, was quoted in the local press recently as saying that the government was investigating the Masaka Grade I Magistrate for the judgment he delivered against the Minister of State for ICT, Alintuma Nsambu, who issued a bounced cheque.<b
Muzamil Bikanga
THE Minister of State for Ethics and Integrity, Dr. Nsaba Buturo, was quoted in the local press recently as saying that the government was investigating the Masaka Grade I Magistrate for the judgment he delivered against the Minister of State for ICT, Alintuma Nsambu, who issued a bounced cheque.
Nsambu was convicted and subsequently sentenced to one year in prison or a fine of sh3.2m. He paid the fine.
Mr. Minister, under Section 385 of the Penal Code Act (Cap 120), it is a serious crime to issue a false cheque. Article 126(l) of the Constitution states that judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people. The aspirations of Ugandans include a fair and just society where those who borrow pay back regardless of their positions.
Mr. Minister, Article 126(2) of the Constitution says that in adjudicating cases of both a civil and criminal nature the courts shall, subject to the law, apply the following principles:
Justice shall be done to all irrespective of their social or economic status.
Justice shall not be delayed
Adequate compensation shall be awarded to victims of wrong.
In light of the above provisions and others about independence of the judiciary, the Magistrate was exercising what the law provides. Therefore you should not have been shocked when your colleague was convicted because Article 21(1) of the Constitution provides for equality before the law. If the law was not to apply to ministers, where would those wronged go?
Mr. Minister, Article 128(1) states that “in the exercise of judicial power, the courts shall be independent and shall not be subject to the control or direction of any person or authorityâ€. One hopes that you have no intention of putting courts under the control or direction of the executive. Your colleague, Mr. Minister, was wise to pay the fine because ignoring a court decision is also a crime.
Mr. Minister, you could have advised your colleague to appeal to a higher court against the decision. This is the proper thing to do when one is not satisfied with a decision of a junior court. In this case, Mr. Minister, you should have advised your colleague to go to the Chief Magistrate.
In the event that even the decision of the Chief Magistrate does not satisfy the the minister, he would still be free to go to the High Court and even higher. This is because the right to appeal is guaranteed by the Constitution.
The writer is a law student of Makerere University and the President of Uganda Law Students’ Association
THE Minister of State for Ethics and Integrity, Dr. Nsaba Buturo, was quoted in the local press recently as saying that the government was investigating the Masaka Grade I Magistrate for the judgment he delivered against the Minister of State for ICT, Alintuma Nsambu, who issued a bounced cheque.
Nsambu was convicted and subsequently sentenced to one year in prison or a fine of sh3.2m. He paid the fine.
Mr. Minister, under Section 385 of the Penal Code Act (Cap 120), it is a serious crime to issue a false cheque. Article 126(l) of the Constitution states that judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people. The aspirations of Ugandans include a fair and just society where those who borrow pay back regardless of their positions.
Mr. Minister, Article 126(2) of the Constitution says that in adjudicating cases of both a civil and criminal nature the courts shall, subject to the law, apply the following principles:
In light of the above provisions and others about independence of the judiciary, the Magistrate was exercising what the law provides. Therefore you should not have been shocked when your colleague was convicted because Article 21(1) of the Constitution provides for equality before the law. If the law was not to apply to ministers, where would those wronged go?
Mr. Minister, Article 128(1) states that “in the exercise of judicial power, the courts shall be independent and shall not be subject to the control or direction of any person or authorityâ€. One hopes that you have no intention of putting courts under the control or direction of the executive. Your colleague, Mr. Minister, was wise to pay the fine because ignoring a court decision is also a crime.
Mr. Minister, you could have advised your colleague to appeal to a higher court against the decision. This is the proper thing to do when one is not satisfied with a decision of a junior court. In this case, Mr. Minister, you should have advised your colleague to go to the Chief Magistrate.
In the event that even the decision of the Chief Magistrate does not satisfy the the minister, he would still be free to go to the High Court and even higher. This is because the right to appeal is guaranteed by the Constitution.
The writer is a law student of Makerere University and the President of Uganda Law Students’ Association