Prime
Handle Justice Bukirwa’s situation with urgency
Justice Bukirwa Faridah Shamilah. PHOTO/FILE
What you need to know:
- The issue: Judiciary.
- Our view: The Judiciary is currently grappling with a huge case backlog that is standing at more than 54,000.
- We appeal to the Judiciary and appointing authority to hire more judges – on a substantive basis – so that Ugandans can get justice in a timely manner.
The week ending was awash with controversies surrounding the directive by Principal Judge Flavian Zeija to acting Jinja High Court judge Faridah Bukirwa to vacate office immediately.
Reason? The Judiciary claimed it was still waiting for her instrument of appointment from the appointing authority – President Museveni – confirming her as a substantive judge of the High Court.
For starters, the way this matter was handled leaves so many questions unanswered. For example, why would the Principal Judge direct a judge in an acting capacity to hand over her case files and office even before the period of acting had elapsed?
Secondly, the Constitutional Court in Kabumba Busingye and another vs the Attorney General ruled that appointing judges in acting capacity was unconstitutional as the supreme law of the land only recommends substantive appointment of judges.
The same Constitutional Court directed the Judicial Service Commission to quickly regularise the appointment of the affected judges within six months from the decision of the court. In this case, the decision of the court seems to have been overlooked, with Justice Bukirwa paying the price.
We, therefore, join the voices calling for the quick resolution of the issue of appointing judges in acting capacity.
If this is not done, the independence of the Judiciary as one of the arms of government will be eroded, and yet the same is guaranteed under the Constitution.
Further, if this arrangement is left unchecked, judges appointed in acting capacity will not have job security and the appointees are likely to execute their duties under the fear of the appointing authority.
Also, the handling of this matter reopens the debate of discrimination, a vice that the Constitution is against.
Why is it that out of the 16 acting judges, it is only Justice Bukirwa whose instrument of substantive appointment has not been returned with no reason given?
The Judiciary is currently grappling with a huge case backlog that is standing at more than 54,000. We appeal to the Judiciary and appointing authority to hire more judges – on a substantive basis – so that Ugandans can get justice in a timely manner.
