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Hearing of AG's challenge to ULS Council removal begins - New Vision Official

Published 2 months ago3 minute read

Justice Esta Nambayo is handling the matter.

“Take notice that the hearing of this case has been fixed for February 10, 2025, at 12:00 pm. If no appearance is made on your behalf, by yourself/your pleader, or someone authorised by law to act for you, the case will be heard in your absence,” the court registrar, Simon Zirintusa Kintu, warned.

Lawyers Tonny Tumukunde and Joshua Byamazima sued the ULS and its president, Isaac Kimaze Ssemakadde, for expelling the Attorney General and Solicitor General from the ULS council, arguing that the directive contravened the provisions of the ULS Act, Cap 30.

The order, issued on October 14, 2024, affected the Attorney General and Solicitor General’s ex-officio membership in the ULS Council.

Lawyers Jude Byamukama and Milton Ocen represent ULS and Ssemakadde, while Counsel Anthony Bazira represents Tumukunde and Byamazima.

While dismissing the Attorney General and Solicitor General from the ULS Council, Ssemakadde stated that Prof. Frederick Ssempebwa’s ULS Report (2012) recommended their removal from the ULS Council, which he supports.

Ssemakadde accuses Kiwanuka of misadvising the Cabinet and leaders of ministries, departments, and agencies on the rights of advocates and other court users, in total disregard of the independence of the Judiciary and the legal profession, which he [Ssemakadde] purports has undermined the integrity of Uganda’s legal system.

The ULS council also alleges that Kiwanuka has wrongfully interfered in the appointment process of the Judicial Service Commission and the Law Development Centre, undermining the independence of the institutions and eroding public trust.

Kiwanuka is also accused of imposing an unpopular, unjust, and unconstitutional decision on the Uganda Law Reform Commission, requiring a fee for accessing Uganda laws digitally—a practice previously unthinkable—thus hindering access to justice and the rule of law.

The council also claims that ever since Kiwanuka assumed office, he has curiously condoned torture, the subversion of bail, and the trial of civilians in military tribunals, contrary to the Government’s commitments under International Human Rights Law.

Ssemakadde also asserts that Kiwanuka, without Cabinet backing, has threatened to amend the law to ensure that courts do not acquit or stay the trial of a suspect on account of having been tortured while in custody.

According to the ULS Council, Kiwanuka is no longer recognised as head of the Bar and has no authority or competence whatsoever to act for, on behalf of, or to represent the Uganda Bar.

Kiwanuka, however, remains a member of the Uganda Law Society.

Ssemakadde noted that ULS is concerned by the recent deterioration of the justice system in Uganda, marked by a growing disregard for the rule of law, rampant impunity, and an erosion of public trust in the integrity of the legal profession.

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