JSC Speaks Out on Justice Bukirwa's controversy

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The Judicial Service Commission (JSC), the constitutional body tasked with regulating and disciplining judicial officers, has stated that the matters concerning Justice Faridah Shamilah Bukirwa fall outside its purview.

In a letter dated August 8, 2024, the 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.

In a telephone interview with New Vision yesterday, the JSC Permanent Secretary Dr Rose Nassali Lukwago said the commission has not yet received her instrument of appointment from the appointing authority as a substantive judge of the High Court.

“The practice is that when it comes to the appointment of judges, the JSC recommends to the President the names and the instruments are also sent for his signature and when he signs, he sends them back to us through the Ministry of Justice and Constitutional Affairs,” she explained.

However, Lukwago pointed out that she had received formal appointment instruments for all the new judges, but surprisingly, Bukirwa’s was conspicuously missing.

“The JSC received the instruments of appointment for the other judges, but Bukirwa’s was never returned. I followed up with the justice ministry, but they had not received it either. Therefore, it is the appointing authority to tell you what happened,” Lukwago said.

Bukirwa was among the 16 judges that were appointed by President Yoweri Museveni in acting capacity in December 2022 on recommendation of the Judicial Service Commission to bolster the administration of justice in the country.

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

Judicial officers under their umbrella body, Uganda Judicial Officers Association (UJOA) have since demanded that Zeija explains 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.

The judicial officers have requested a meeting with the Principal Judge to address the mounting concerns and uncertainty surrounding the confirmation process for judges serving in acting capacities, seeking to resolve the issue and provide clarity on their status.

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.

ULS seeks decision on acting judges

The Uganda Law Society (ULS) president Bernand Oundo has 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.

Woes

While Bukirwa’s troubles are linked to a complaint filed by the Mufti of Uganda Sheikh Shaban Ramadhan Mubaje after she gave orders allowing some members of the Uganda Muslim Supreme Council (UMSC) to convene a special general assembly to look into the affairs of the Muslim Council, a source said her woes are a result of a petition filed by the first deputy Prime Minister Rebecca Kadaga protesting the manner in which she has been handling cases in Busoga region.

“Her instrument has not been signed by the President because of the pending complaint filed by the first deputy Prime Minister (Kadaga) who is not happy on how she was handling the cases in Busoga region,” the source said.