Kampala, Uganda.
An application by advocate Kalali Steven suggesting infringement of democratic principles and freedom of expression, has been filed against the Uganda Law Society (ULS). The application raises concerns regarding the appointment of representatives to statutory bodies without members’ participation. This case delves into the fundamental rights of expression and fair representation, as enshrined in the Constitution of Uganda and the ULS General Election Regulations.
Kalali Steven, an advocate and member of the ULS, contends that he and other members have been denied their right to choose their representatives to statutory bodies. According to him, the Uganda Law Society Act and the Uganda Law Society General Elections Regulations 2016 guarantee members the ability to express their opinions and choose their representatives on statutory bodies. However since 2016, the ULS Council has appointed and nominated representatives without conducting elections or involving members in the decision-making process. This, according to the applicant, violates the democratic principles of good governance and transparency.
The core legal issues at hand revolve around the rights enshrined in the Constitution of Uganda and the ULS General Election Regulations. The applicant seeks a declaration that the council’s appointment of representatives without member participation is unlawful, null, and void. The violation of members’ right to freedom of expression, thought, and conscience is also a crucial concern. The applicant argues that the council’s actions infringe upon the democratic principles of good governance.
Kalali Steven, in his supporting affidavit, states that he has repeatedly petitioned the ULS Council regarding the appointment of representatives but has not received a satisfactory response. He emphasizes that the council lacks the power to nominate or act on behalf of members without their consent. Furthermore, he highlights the long tenure of certain officeholders, denying other members the opportunity to serve and undermining democratic practices.
