Ezrah Kashumbusha.
KAMPALA, February 20, 2024 | Several members of the Uganda Law Society have yet again raised concerns about the judiciary’s independence, highlighting a recent correspondence between the Attorney General and the Chief Justice regarding succession registers and certificates of succession.
In a letter dated February 19, 2024, prominent lawyers including Peter Walubiri, Mohammed Mbabazi, Philip Karugaba, Isaac Ssemakadde and Sarah Kasande, among others, questioned the relationship between the Executive and the Judiciary, urging an end to what they termed as “illicit intercourse.”
The lawyers referred to a memo dated October 6, 2023, from the Principal Judge to all Judges of the High Court and Registrars, which outlined recommendations from a joint working committee on succession and certificates of succession under the 1912 Buganda succession law.
Of particular concern was the Attorney General’s directive to the Chief Justice that courts should not renew letters of administration held by the Administrator General and private persons in respect of estates, once they expire under the timelines set in the succession amendment act.
The lawyers raised eyebrows at the Attorney General’s involvement in directing the Chief Justice and subsequently, all judges of the High Court. They argued that while the Attorney General is the principal legal adviser to the government, he should not act as an adviser to the Judiciary.
Furthermore, the lawyers pointed out that the Attorney General’s directive appeared to violate Article 128(1) and (2) of the constitution, which prohibits any interference with judicial officers in the exercise of their functions.
They emphasized that for judicial independence to be upheld, judicial officers, including the Chief Justice, should not passively receive illegal advice and directives from the Executive. Instead, they urged recourse to parliament to enact laws, rather than directives to judicial officers.
The Attorney General’s Office has not yet provided a response to the concerns raised by the lawyers. It is however, anticipated that these issues will ignite additional debate regarding the separation of powers and the distinct roles of each branch of government within Uganda’s legal framework.
