Law society’s extraordinary meeting hangs in balance
Mr Bernard Oundo, the Uganda Law Society president, addresses colleagues at the annual general assembly on Saturday. PHOTO | COURTESY | UGANDA LAW SOCIETY
What you need to know:
- Core to President Museveni’s letter to the Chief Justice was the former directing the latter to have a review of an order on the then pending attachment and sale of eight Muslim prime properties including the land where the national mosque sits in Old Kampala.
The fate of the extraordinary general meeting of the Uganda Law Society (ULS) aimed at discussing the current interference with judicial independence, is to be determined this afternoon by Justice Musa Ssekaana.
The extraordinary meeting called by the honorary secretary, Mr Isaac Atukunda, is slated for tomorrow, February 6 in the afternoon.
“Notice is hereby given that the extraordinary general meeting of the Uganda Law Society will be held on Tuesday, 6th February 2024 starting at 2 pm to 3 pm,” reads in part the notice of the EOGM dated January 30.
However, the same meeting is being challenged by Mr Brian Kirima who contends that the matters to be discussed about are “unlawful” and “outside the law and its mandate”.
Mr Kirima now wants the court to issue a declaration that the actions of the Uganda Law Society in issuing notices, calling for its members for an extraordinary general meeting on requisition of the members is illegal.
Last month, a section of concerned lawyers, petitioned their president, Mr Bernard Oundo to call for an extraordinary meeting to among others discuss what they call the attack on the independence of the Judiciary.
Among the scenarios the concerned lawyers want the extraordinary meeting to discuss President Museveni’s letter to Chief Justice Alfonse Owiny-Dollo on the attachment of the Muslim property including the national mosque in Old Kampala.
“We, the undersigned members of the Uganda Law Society, concerned with a letter dated December 2023, from His Excellency the President, addressed to the Chief Justice giving directions on the conduct of a court matter, do hereby, petition for an extraordinary general meeting of the Uganda Law Society under Section 16 ... to be held within 14 days from the deposit of this petition with the secretary of the Uganda Law Society.” reads in part the petition of the concerned lawyers dated January 8 led by Mr Isaac Kimaze.
Core to President Museveni’s letter to the Chief Justice was the former directing the latter to have a review of an order on the then pending attachment and sale of eight Muslim prime properties including the land where the national mosque sits in Old Kampala.
The head of state was irritated about the court’s order to have a national mosque among the prime properties that were to be attached and auctioned.
“…However, I was most surprised to read in Mufti Mubajje’s letter that among the Moslem properties to be affected is the national mosque at Old Kampala!!. What sane person, let alone a judge, can make such orders? How can a mosque or church be attached for debts carelessly entered into by officials of that faith?,” an angry Museveni wrote to the Chief Justice.
Adding: “I, therefore, request you to review this matter yourself and see how to restore sanity. His Eminence Mubajje alleges other examples of misconduct and collusion. You should study all those, what, however, provoked me was the audacity of attaching the national mosque. The NRM freedom fighters and the government they head, cannot be associated with sick logic.”
The then looming attachment of the Muslim properties followed a court order, arising from a protracted sale of land in which the Uganda Muslim Supreme Council (UMSC) sold land located in Sembabule District to businessman Justus Kyabahwa at Shs3.5b.
The debt later jumped to about Shs19b.
Following President Museveni’s letter to the Chief Justice, the Court of Appeal issued an order temporarily, stopping the said attachment and sale of the Muslim property.
The actions of the head of state sparked outrage especially, from the legal circles, decrying the attack on the independence of the Judiciary by the executive arm.
The concerned legal experts contended that ther's a need for respect of the separation of powers in government as the same is crucial for maintaining a system of checks and balances, preventing the abuse of authority, and safeguarding human rights.
Article 128 (2) of the 1995 Constitution states: "No person or authority shall interfere with the courts or judicial officers in the exercise of their judicial functions."
It's upon this background that the concerned lawyers want their president to call for an extraordinary meeting to discuss these attacks on the independence of the Judiciary by President Museveni.
“We are alarmed by the failure of the governing Council of the Uganda Law Society to issue a public statement on the matters in this petition as a customary; and the failure by the president of the Uganda Law Society to heed calls to issue a public statement on these matter as a statutory imperative…”the concerned lawyers wrote.
Adding: “… the knowledge of the public’s reliance and expectation on the Uganda Law Society on matters of such public importance, our role as advocates in speaking truth to power, in holding government accountable, and as first-line defenders in the unending public duel against executive overreach.”
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