Everybody has vision, ex-Chief Justice says

He says Ugandans should answer the question: “How come we have never successfully handed over power peacefully?” And he thinks political actors weren’t accommodative of each other and once even would be friends disagree, they part ways and pull differently.

“People talk about visions but everybody has a vision,” he said, “It’s a matter of allowing people to decide which vision to follow; allow people to choose.”

In an interview with Sunday Monitor at his home in Ntinda in Kampala, the Chief Justice Emeritus said, “if we are not following the Constitution then the country is in danger.”

He commented on the appointment of Justice Steven Kavuma as deputy Chief Justice, saying it illustrated that institutions were not allowed to operate effectively.

“There is something wrong with the operation of institutions and you can’t run the State like that. This is an era of constitutionalism; let’s stick to that,” Justice Wambuzi said.

Kavuma’s appointment
He said the appointment of Justice Kavuma had sparked off legal contention. Western Youth MP Gerald Karuhanga tried to petition the courts to block the appointment on grounds that it had not been done upon the recommendation of the Judicial Service Commission (JSC) but the clerks declined to receive the petition.

But Justice Wambuzi says institutions must operate according to the law, adding that if an institution (JSC) is supposed to advise and the advice is not taken, then what is the use of that institution? “I saw drama in court some time back. Some people were looking for clerks and the clerks were running away,” he said.

Asked what he thought about the attempts to reappoint his successor Justice Benjamin Odoki as Chief Justice, the retired judicial guru said: “I looked at the law and in my view, the reappointment would not have been in accordance with the law.”

“The Constitution says at 70 you vacate office. It was not possible for Odoki to hold the position against the constitutional command to vacate at 70, an age he had arrived at,” he said.

Justice Wambuzi has also published a book detailing his trials and triumphs in the Judiciary. The book titled: The Odyssey of a Judicial Career in Precarious Times, is set for the launch on April 24.

He said part of the problem is the relationship between the Judicial Service Commission and the Chief Justice. The service commission is independent of the Chief Justice and yet it appoints judges who are supervised by the Chief Justice.

“The Chief Justice is like a president presiding over a cabinet he does not appoint; he can’t manage judges whose control and discipline lies elsewhere,” he said.

He, however, added that the arrangement is good in terms of separation of powers and as long as it works, it’s okay “but that body if it’s not effective, is a dangerous position”. He added that dispensing justice is also a question of whether the Executive will adhere to the Constitution or not.

Justice Wambuzi, who spoke in a measured tone while occasionally laughing at some of the incidents he could recall about his time, said he was happy the number of Judges had increased.

He urged the judges to dispose case backlog, saying: “No litigant wants to go to court every now and then and their case is not decided. They will take the law in their own hands; people should not stay in prison when they should not.”
He, however, warned that increased number of judges without a corresponding increase in funding to the Judiciary would change little. “It will be another waste to appoint judges without money to facilitate their work. They will be paid for doing nothing,” he said.

He said the pay of judicial officers is cardinal. “Even during my time, the bright lawyers went into private practice yet the Judiciary should attract the best. The best will remain outside unless the terms are good.”

The retired man of the bench said life on the bench is strict requiring judges not to indulge in other means of livelihood other than their pay. He said retirement should be time for rest but many high profile justices end up struggling to survive after the bench. Justice Wambuzi who after retirement, engaged in arbitration of cases and consultancies to train judicial officers in South Sudan and Lesotho, said: “After serving at that higher level, you really need to rest not looking for something to do to survive.”

Shouldn’t be happening
He added: “Now I see Supreme Court Judge Kanyeihamba is an advocate, why? He may like it but it shouldn’t really happen.”

He recalled a time when the Judiciary had no money and judges had to ask litigants to provide physical paper for writing judgments and notes. He urged judicial officers not to be discouraged by false accusations.

“You should execute your work with integrity and in accordance with the law; unfair conclusions should not bother you. Rich or poor, people should receive the same treatment; the law should not look at how the person looks like,” he said.

About Wambuzi
Justice Samuel Wako Wambuzi was Chief Justice from 1972-1975 during the Idi Amin regime, 1979-1980 during the Yusuf Lule led UNLA government and served longest from 1986 until he clocked retirement in 2000 under the NRM administration.

About Wambuzi’s book

In his book, Justice Wambuzi writes about ugly incidents in a manner that evokes rage and laughter at the same time.

He writes about how the Judiciary one time received an offer of more than 10 vehicles from the British government to facilitate court work but the minister then grabbed the vehicles for ministry work.

The minister argued that state attorneys that appeared before courts also needed transport. “I did not consider it my duty to source facilities for state attorneys, who were not part of the judiciary,” he writes.

“The matter reached the President before whom I defended my stand and so did Prof Dr Kanyeihamba, who then was the minister of Justice. To the best of my recollection, the President asked whose duty it was to source aid. I do not recollect what answers we gave to the President, but what I remember is that the minister had his way.”

The book also reveals how Justice Wambuzi was ordered to vacate his official residence in Nakasero in Kampala in two days on grounds that the house was needed for the incoming Chief Justice but the house remained vacant for 10 years after he left.

He also narrates how the Principal Judge then who claimed closeness to the President, attempted to dethrone him. The book offers fascinating reading as it reveals intrigue in the bench including the appointment of a mad judge who used to dance in the corridors of the court premises in full view of the court users.

One judge, according to the book, heard a bail application for one and half years, a matter that Justice Wambuzi decided in 15 minutes after recalling the file.

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