Prime
Executive should respect separation of powers
A photo montage of Chief Justice Alfonse Owiny-Dollo and President Museveni. PHOTO/FILE
What you need to know:
- Even when he may have legitimate concerns for saving the Muslim property,...it was improper for Mr Museveni to appear to be interfering with the independence of the Judiciary
Last week, Ugandans witnessed two dramatic incidents. It is not the first time these things are happening but they are worth noting. Firstly, President Museveni received both backing and criticism for asking the Chief Justice to stop the auctioning of Gadaffi National Mosque as ordered by court.
“I was most surprised to read in Mufti Mubajje’s letter that among the Muslim properties to be affected is the National Mosque at Old Kampala!! Really!! 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? If there is no law protecting institutions of worship, then common sense is there. I, therefore, request you to review this matter yourself and see how to restore sanity,” President Museveni wrote to CJ Alphonse Owiny-Dollo, adding: “I had been hearing about those wrangles but I had not focused my attention on them because I knew there are capable national institutions responsible for those issues, especially the Judiciary you head.”
Even when he may have legitimate concerns for saving the Muslim property, to many Ugandans, especially legal experts, it was improper for Mr Museveni to appear to be interfering with the independence of the Judiciary.
The second incident was about Mr Odrek Rwabwogo, the chairperson of the Presidential Advisory Committee on Exports and Industrial Development, who led a delegation to the US to advocate against Uganda’s expulsion from African Growth and Opportunity Act (Agoa).
While speaking to CNBC Africa, Mr Rwabwogo said it is the MPs, not his [Mr Museveni’s] government, which passed the Anti-Homosexuality Act, 2023. With this statement, he shifted responsibility to the August House for a collective decision it took with the Executive.
Today, the hearing of the petitions against the same anti-gay law will commence at the Constitutional Court, thereby giving the third arm of government a chance to deliberate on this controversial legislation. Our hope is that the Judiciary will be left alone to exercise its mandate in this process.
Whatever the outcome, let the other two arms of government, the Legislature and the Executive, exercise restraint and respect the Judiciary’s independent decision. It is a cardinal duty of the Constitutional Court to interpret, determine and guide whether Uganda is consistent or in breach of the supreme law and international standards.
Ensuring the respect for separation of powers in government is crucial for maintaining a system of checks and balances, preventing the abuse of authority, and safeguarding individual human rights. We should all hold ourselves to those standards.
