JSC, judges to meet over Bukirwa's controversy

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The Judicial Service Commission (JSC) and the Uganda Judicial Officers Association members are expected to meet on Tuesday, August 20, 2024, to discuss issues regarding Justice Faridah Shamilah Bukirwa’s removal from office.

In a letter dated August 8, 2024, Principal Judge Dr Flavian Zeija directed Bukirwa to hand over office, saying the Judiciary has not received her instrument of appointment from the appointing authority as a substantive judge of the High Court.

“Therefore, since your appointment as a judge of the High Court expires on August 15, 2024, this is to request you to handover your office, all judicial properties and all case files before you to the head Jinja High Court circuit as we find out why your instrument of appointment was not received by the Judiciary,” Zeija wrote to Bukirwa.

The meeting follows demands by the Judicial officers to meet Zeija to explain the circumstances under which an acting judge is required to hand over office before the appointing authority’s decision is formally communicated to the Judiciary.

UJOA president Justice Olive Mukwaya Kazaarwe states that the judicial officers’ body is envisaging a situation where acting judges’ independence shall be severely eroded as the gauntlet of an unclear confirmation process hangs over their heads.

Kazaarwe noted that Bukirwa’s incident has sent ripples of alarm to acting judges given that they are also equally subject to the confirmation process.

National Association of Women Judges president Justice Henrietta Wolayo and the executive members are also expected to attend the meeting.

In a letter dated May 13, 2024, President Museveni wrote to Parliament communicating the appointment of the 16 judges including Bukirwa in a substantive capacity.

On May 28, this year, the Clerk to Parliament Adolf Mwesige wrote to the judges including Bukirwa to appear before the Appointments Committee of Parliament on May 30, this year with the original copies of academic documents and national identification for an interface, which exercise was successfully concluded.

However, while the instruments of appointment for other judges were released, Bukirwa’s appointment has never been returned.

Demand

Uganda Law Society (ULS) president Bernand Oundo has since requested that in absence of a clear criteria and process for confirmation of acting judges, Bukirwa’s removal from office should be rescinded.

Oundo has also requested the Supreme Court to expedite the resolution of pressing issues concerning judges appointed in an acting capacity.

“Appointment of judges in acting capacity undermines the security of 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, expectation of favour or both,” he noted.

At the Supreme Court, the Attorney General is challenging the decision of the Constitutional Court that stated that the appointment of High Court judges in acting capacity for a two-year term is unconstitutional.

The case was filed by Makerere University law don Dr. Kabumba Busigye and lawyer Andrew Karamagi. The Constitutional Court Justices Monica Mugenyi, Fredrick Egonda-Ntende, Elizabeth Musoke and Christopher Gashirabake ruled that the provision for acting judges stipulated in the law is only available to serving or retired judges.