By Ezrah Kashumbusha.
KAMPALA, April 3, 2024 | The Uganda Law Society (ULS) has publicly denounced actions taken by the Minister of Justice and Constitutional Affairs, Norbert Mao, citing his undue influence over a recent court proceeding as an egregious violation of judicial independence.
The controversy centers around a directive issued by Mao on March 19, 2024, to the Acting Inspector General of Police, concerning High Court Suit No. 22 of 2024, Francis Ishanga and another Vs Kellen Karemera and 2 others. Mao’s order aimed to reinstate Francis Ishanga to a property involved in a legal dispute, despite a standing court order to the contrary that remains unaltered or unchallenged through legal avenues.
This move by the Justice Minister has been labeled by the ULS as a blatant and unlawful interference with the judiciary, contravening Article 128 of the Constitution of Uganda 1995, which safeguards the judiciary’s autonomy.
“The fundamental principle that a court order, once issued, must be obeyed unless and until it is varied or set aside by the court, underlines the essence of judicial independence,” the ULS articulated in a strongly-worded statement. “This principle stands firm regardless of whether the order was or was not erroneous.”
The Law Society warned police and other governmental agencies against executing Mao’s directive, urging them to respect the legal process. It also encouraged the parties aggrieved by the current court order to seek redress through established legal channels such as review, revision, or appeal.
In a plea for the preservation of the legal system’s integrity, the ULS called on the judiciary to disregard any communications aimed at undermining its independence, emphasizing the critical role of the courts in making decisions based solely on law and the evidence presented. This, the ULS argues, is essential for maintaining public trust in the legal system and ensuring justice prevails.
