Activists petition court over DCJ's appointment

COURT|BUTEERA|ACTIVISTS

KAMPALA - Activists have petitioned High Court challenging the appointment of Richard Buteera as the Deputy Chief Justice (DCJ).

In August, President Yoweri Kaguta Museveni appointed Supreme Court Judge, Richard Buteera to serve as DCJ.

Citizen Alert Foundation (CAF) limited and its directors filed the suit on Tuesday (November 24, 2020) against the Attorney General, Parliamentary Commission, Judicial Service Commission (JSC), and Justice Buteera at the Civil Divison of the High Court in Kampala.

CAF describes itself as a company that provides a platform for dialogue and peaceful dispute resolution and other activities including public interest litigation on any matter of human rights and rule of law.

The directors are Enock Byaruhanga, Deo Okwaput, Cleafus Malisa Atango and Lydia Aanyu.

Through Ingura and Company advocates, the petitioners want the court to declare that the act of the President in handpicking candidates to fill the vacancy for the second top position (DCJ) in Judiciary without regard to due process undermines the independence of the judiciary and rule of law.

The activists also want court to direct Justice Buteera to vacate the office of DCJ.

They also seek a court order, restraining Justice Buteera from holding out or exercising the functions or duties of the office of DCJ, arising from the impugned appointment.

The activists contend that the decision of the President in appointing Justice Buteera as DCJ, contravened articles 142 and 147 of the JSC Act, 2005, and thus illegal, irrational, and is tainted with procedural impropriety.

According to the Act, JSC renders advice to the President in the exercise of the President's power to appoint the shortlisted officers.

Court documents indicate that on August 20, 2020, the president simultaneously appointed Alfonse Owiny Dollo as Chief Justice and Buteera as DCJ, respectively.

The activists say the vacancy of DCJ was filled when JSC had not recommended any candidate for selection, nor declared vacant or advertised and without initiation or prior advice of the JSC.

"The President usurped the powers of JSC by declaring a vacancy to himself, initiating the recruitment process and acted without advice of the JSC to appoint Buteera," Enock Byaruhanga contends.