Prime
Legal fraternity have tongues wagging over judge’s removal
Justice Bukirwa Faridah Shamilah. PHOTO/FILE
What you need to know:
- UJOA led by Justice Olive Kazaarwe Mukwaya warns that this development will erode the independence of acting judges as their confirmation process is unclear.
The judges association warns that this development will erode the independence of acting judges.
The directive from Principal Judge Flavian Zeija, instructing acting Jinja High Court Judge Faridah Shamilah Bukirwa to hand over her office because she has not been substantively confirmed in the position, has sparked outrage among fellow judges and the Uganda Law Society.
In an August 8 letter, the Principal Judge reasoned that the appointing authority hasn’t confirmed Justice Bukirwa’s appointment to a substantive position.
The Uganda Judicial Officers’ Association (UJOA), a professional organisation representing all judicial officers and advocating for their welfare, has since petitioned the Principal Judge to convene an urgent meeting with all acting judges to address concerns about substantive confirmation.
“On the morning of August 12, 2024, UJOA learnt that Hon Lady Justice Bukirwa Faridah Shamillah, ag judge, was instructed to hand over office as the Judiciary awaits receipt of the outcome of the decision of the appointing authority on her confirmation. This is in light of the fact that her contract as acting judge expires on August 15,” an August 12 letter by UJOA to the Principal Judge reads in part.
It added: “This information has sent ripples of alarm amongst the current acting judges who shall inevitably be subject to this confirmation process, specifically, circumstances under which an acting judge is required to hand over office before the decision of the appointing authority is formally communicated to the Judiciary.”
UJOA led by Justice Olive Kazaarwe Mukwaya warns that this development will erode the independence of acting judges as their confirmation process is unclear.
“UJOA envisages a situation where acting judges’ independence shall be severely eroded as the gauntlet of an unclear confirmation process hangs over their heads. Our plea is that your good office makes the time to meet with the current acting judges at an appropriate hour before Hon Ag judge makes her handover to throw more light on this matter,” the letter states.
It added: “UJOA would also like to participate in this engagement. We anticipate that this meeting will allow those affected to be certain of what is expected of them throughout this novel endeavour and ally the growing concern around the confirmation process.”
Similarly, the Uganda Law Society (ULS) in a statement released yesterday, said in the absence of clear criteria for confirmation of an acting judge, the bid to kick out Justice Bukirwa should be rescinded immediately.
“Appointment of judges in an acting capacity undermines the security of the tenure of judges and violates the independence of the Judiciary given that the affected appointees are likely to execute their duties with fear of retribution,” the statement reads in part.
It added: “It thus follows that judges should not be subjected to arbitrary removal. In the clear absence of criteria and process for confirmation, Justice Bukirwa Faridah’s removal should be rescinded urgently and the letter from the Principal Judge recalled.”
ULS said there shouldn’t be any further appointment of judges in an acting capacity.
Efforts to get a comment from the Principal Judge were futile as he did not answer our calls by the press.
When contacted yesterday for a comment on why President Museveni as the appointing authority has not substantively appointed Justice Bukirwa, Mr Faruk Kirunda, the deputy presidential press secretary, yesterday referred this reporter to the Principal Judge.
“Kindly look for the Principal Judge,” he said.
Background
Justice Faridah Shamilah Bukirwa and 16 other judges of the High Court were appointed by President Museveni in acting capacity on the advise of the Judicial Service Commission (JSC) in 2022.
