Law society wants Supreme Court decision on acting judges

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The Uganda Law Society (ULS) has requested the Supreme Court to expedite the resolution of pressing issues concerning judges appointed in an acting capacity.

This comes on the heels of Principal Judge Dr Flavian Zeija directing acting judge Faridah Shamilah Bukirwa to vacate her office due to the Judiciary's failure to receive her official appointment documents as a substantive judge of the High Court.

In a letter dated August 8, 2024, the Principal Judge says the Judiciary did not receive Bukirwa’s instrument of appointment from the appointing authority as a substantive judge of the High Court. The appointing authority is President Yoweri Museveni.

However, ULS president Bernand Oundo on August 13, 2024, said the independence of the Judiciary from the Executive and Legislature, party politics, and vested interest, is ensured through security of tenure and immunities.

ULS has, therefore, requested that in absence of a clear criteria and process for confirmation of acting judges, Bukirwa’s removal from office should be rescinded and the letter from the Principal Judge be recalled.

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.

UMSC case

Recently, Bukirwa allowed some members of the Uganda Muslim Supreme Council (UMSC) to convene a special general assembly to look into the affairs of the Muslim council.

Her orders followed a case filed by Yudaya Babirye, Burhan Samanya and Hussein Simbwa against Mufti of Uganda Sheikh Shaban Ramadhan Mubaje. They accused Mubaje of mismanaging the affairs of the UMSC including selling several Muslim properties.

Pursuant to the court’s directive, a special sitting of the General Assembly of the UMSC was held, where among others, it was resolved that Mubaje be retired as Mufti of Uganda with immediate effect.

Subsequently, the group appointed Sheikh Abdallah Ssemambo as the acting Mufti of Uganda.

Following the development, UMSC filed an application seeking to have the court order overturned.

Later, Mubaje wrote to the Zeija asking him to invoke his administrative power and assign the case to a different judicial officer, accusing Bukirwa of bias and making inflammatory statements against his personality during the court proceedings.

Consequently, Zeija withdrew the case from her (Bukirwa) and allocated it to Justice Douglas Singiza who has since fixed the matter for hearing on November 27, this year.