Judiciary must be held in high esteem

Jan 03, 2006

COL. Kizza Besigye was on Monday released after High Court Judge John Bosco Katutsi ruled that his continued detention at Luzira was illegal and unlawful. This is good for the judiciary and the executive. It shows that the courts are independent and government is ready to accept their decisions.

COL. Kizza Besigye was on Monday released after High Court Judge John Bosco Katutsi ruled that his continued detention at Luzira was illegal and unlawful. This is good for the judiciary and the executive. It shows that the courts are independent and government is ready to accept their decisions.

However Besigye now on bail still has to appear before the High Court to answer charges of treason, concealment of treason and rape. But this trial should not be interpreted as political persecution because it’s before competent courts.

Some people including donors think that Besigye’s offence is because of being a presidential candidate of Forum of Democratic Change (FDC), billed as a credible challenger to President Museveni and the National Resistance Movement. The Monday ruling should be a reassurance that the courts are independent and are not playing any politics. If Besigye’s charges are politically motivated and there is no substance of truth, the courts will dismiss them. So Besigye and FDC should tread carefully. Just as much as the courts can rule in their favour, similarly depending on available evidence they can as well rule against them. This is a possibility they have to understand.

Unfortunately there is a tendency to hail the courts when they make a favourable ruling but accuse them of taking bribes or acting under the directives of government when they rule otherwise. This is wrong.

The Judiciary must be held in high esteem. Over the years its track record can be traced in landmark cases it has made against the government.

But FDC has accused two senior judges of taking bribes from government to deny Besigye bail, reaffirm the jurisdiction of the GCM and convict him before the election date. Such mudslinging of the judiciary amounts to interference and can also be interpreted as preparing grounds for defeat. The point is court rulings must be respected. When in dispute the recourse for appeal exists.

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