Judiciary downs tools?
Mar 10, 2007
LAST weekend came news that the Uganda Judiciary had downed tools; gone on strike; taken industrial action. This was shockingly unexpected news; the first of its kind in our beautiful nation.
LAST weekend came news that the Uganda Judiciary had downed tools; gone on strike; taken industrial action. This was shockingly unexpected news; the first of its kind in our beautiful nation.
Supreme Justice George W. Kanyeihamba was, as usual, on the premises, the voice of doom, to pronounce: “Uganda nearing crisisâ€. What crisis and of whose making?
We start with the fundamental question: Did the judiciary carry out what shop stewards do in, say, the garment industry or the beer business or the grading of roads? Down tools!
Has it come to this? Alas, yes. In the absence, one assumes, of a registered and stewarded union of judges, registrars and magistrates (and long may it remain so!) how, in the space of a few hours, were the thoughts nationwide of these worthies canvassed?
It is a salient point that when the statement was made the Chief Justice, Head of the judiciary, was out of the country.
Without, obviously, inferring any proximity between the judiciary and those international proverbs about what happens when the house owner is away, it is pertinent to question whether this strike would have occurred with Chief Justice Odoki in situ.
The gut feeling is No. Indeed garrulous-as-ever ex-minister Miria Matembe said if Odoki had been around the judiciary “would not have taken any actionâ€. (Work that one out, but it shows the judiciary in poor light.)
Did the strike, in fact, happen at the behest of a meaningful representation of the whole judiciary or by a few ringleaders? If the latter, expect repercussions.
We can only hazard a guess, for the moment, about how the deed might have been done. Phone rings in Deputy Chief Justice Kikonyogo’ s residence. “Madam DCJ? Judge X here.†(Replace X by a Lord of your choice.)
The tones are precise, well educated. “We must immediately go on strike!†“Who’s we?†the DCJ perhaps queries, “What strike?†And so, step by hasty step, is set in motion the moves towards that “nearing crisisâ€.
How many judges, from Supreme to ordinary are there in Uganda today, how many registrars, how many magistrates? Did the precise-voiced one or indeed the Deputy Chief Justice conduct a roll call? If so, by what mandate?
Did it even occur to them to contact the absent Chief Justice? What was the tearing hurry to rush into the statement, with its result of downing tools, causing Justice Kanyeihamba’s “near crisis†to the nation?
Your humble columnist was, naturally, not at the lengthy meeting which the President held this Monday with some (or even just two) of the striking members of the judiciary. Oh to have been a fly on the ceiling! So do crucial moments of history evade us.
But when someone at the news conference which followed asked the President whether the judiciary would now return to work, Museveni at his most collected said, “Oh you will have to ask them that, or perhaps they’ll make a statement.†Some of us laughed.
Certainly he never gave a clue as to when. But the thought crossed the mind that after the judges’ common or garden strike, who would be next? Perhaps church leaders ancient and modern?
Perhaps, perish the thought, the President himself? In his case all he needs is withdraw the time of day to any striking judiciary member.
Sure, the-storm-in-a-tea-cup might continue for perhaps another week, but then might the majority not see the futility of their action, remember their courtly duties, perhaps also look at themselves from the outside and perceive its comical side?
And, goodness gracious, they might even notice its similarity to the striking parliamentarians, and the fate of those. I am not even going the route of what might happen when their savings started to dwindle and nothing, because of the strike, was coming in!
(Or does that principle of a day’s pay for a day’s labour not apply to the mighty bench?) As for the President’s press conference, it struck me as masterly: assured and measured, where the hullabaloo of the strike supporters grew increasingly shrill and irresponsible.
He had stated that what happened at the High Court was regrettable, but it needed detailed analysis to find a better solution. Government, whose duty is to protect its citizens, would continue lawfully to chase security wrongdoers.
He asked why the treason trial had never taken off, when the prosecution case had been ready for a long time.
Of one thing he was adamant: it had taken nearly an army division to garrote the PRA and bring them to court, and nothing would stand in the way of a lawful resolution. On that he offered no apology.
Let the court battle commence in earnest and Government would respect the legal process, whatever the outcome. What could be fairer? Of course a section of the lawyers had to join in the fun and by midweek had done so. But their passionate love for fat fees will soon see them back on the hunt.
As for the judiciary, its anger at the High Court action was justified. Its tactic of downing tools was completely misguided. Government has invited it to join in the struggle to find a solution after the blood has cooled. This is the correct path.
That the strike will fail is clear; that is not the time to accept Government’s invitation. That time is right now.
I had meant to recount the diabolical treatment meted out by Kenya Airways to its travellers on Thursday at the Nairobi Airport check-in desk. Next week!
Supreme Justice George W. Kanyeihamba was, as usual, on the premises, the voice of doom, to pronounce: “Uganda nearing crisisâ€. What crisis and of whose making?
We start with the fundamental question: Did the judiciary carry out what shop stewards do in, say, the garment industry or the beer business or the grading of roads? Down tools!
Has it come to this? Alas, yes. In the absence, one assumes, of a registered and stewarded union of judges, registrars and magistrates (and long may it remain so!) how, in the space of a few hours, were the thoughts nationwide of these worthies canvassed?
It is a salient point that when the statement was made the Chief Justice, Head of the judiciary, was out of the country.
Without, obviously, inferring any proximity between the judiciary and those international proverbs about what happens when the house owner is away, it is pertinent to question whether this strike would have occurred with Chief Justice Odoki in situ.
The gut feeling is No. Indeed garrulous-as-ever ex-minister Miria Matembe said if Odoki had been around the judiciary “would not have taken any actionâ€. (Work that one out, but it shows the judiciary in poor light.)
Did the strike, in fact, happen at the behest of a meaningful representation of the whole judiciary or by a few ringleaders? If the latter, expect repercussions.
We can only hazard a guess, for the moment, about how the deed might have been done. Phone rings in Deputy Chief Justice Kikonyogo’ s residence. “Madam DCJ? Judge X here.†(Replace X by a Lord of your choice.)
The tones are precise, well educated. “We must immediately go on strike!†“Who’s we?†the DCJ perhaps queries, “What strike?†And so, step by hasty step, is set in motion the moves towards that “nearing crisisâ€.
How many judges, from Supreme to ordinary are there in Uganda today, how many registrars, how many magistrates? Did the precise-voiced one or indeed the Deputy Chief Justice conduct a roll call? If so, by what mandate?
Did it even occur to them to contact the absent Chief Justice? What was the tearing hurry to rush into the statement, with its result of downing tools, causing Justice Kanyeihamba’s “near crisis†to the nation?
Your humble columnist was, naturally, not at the lengthy meeting which the President held this Monday with some (or even just two) of the striking members of the judiciary. Oh to have been a fly on the ceiling! So do crucial moments of history evade us.
But when someone at the news conference which followed asked the President whether the judiciary would now return to work, Museveni at his most collected said, “Oh you will have to ask them that, or perhaps they’ll make a statement.†Some of us laughed.
Certainly he never gave a clue as to when. But the thought crossed the mind that after the judges’ common or garden strike, who would be next? Perhaps church leaders ancient and modern?
Perhaps, perish the thought, the President himself? In his case all he needs is withdraw the time of day to any striking judiciary member.
Sure, the-storm-in-a-tea-cup might continue for perhaps another week, but then might the majority not see the futility of their action, remember their courtly duties, perhaps also look at themselves from the outside and perceive its comical side?
And, goodness gracious, they might even notice its similarity to the striking parliamentarians, and the fate of those. I am not even going the route of what might happen when their savings started to dwindle and nothing, because of the strike, was coming in!
(Or does that principle of a day’s pay for a day’s labour not apply to the mighty bench?) As for the President’s press conference, it struck me as masterly: assured and measured, where the hullabaloo of the strike supporters grew increasingly shrill and irresponsible.
He had stated that what happened at the High Court was regrettable, but it needed detailed analysis to find a better solution. Government, whose duty is to protect its citizens, would continue lawfully to chase security wrongdoers.
He asked why the treason trial had never taken off, when the prosecution case had been ready for a long time.
Of one thing he was adamant: it had taken nearly an army division to garrote the PRA and bring them to court, and nothing would stand in the way of a lawful resolution. On that he offered no apology.
Let the court battle commence in earnest and Government would respect the legal process, whatever the outcome. What could be fairer? Of course a section of the lawyers had to join in the fun and by midweek had done so. But their passionate love for fat fees will soon see them back on the hunt.
As for the judiciary, its anger at the High Court action was justified. Its tactic of downing tools was completely misguided. Government has invited it to join in the struggle to find a solution after the blood has cooled. This is the correct path.
That the strike will fail is clear; that is not the time to accept Government’s invitation. That time is right now.
I had meant to recount the diabolical treatment meted out by Kenya Airways to its travellers on Thursday at the Nairobi Airport check-in desk. Next week!