The Uganda Law Society (ULS) has expressed concern over the alleged interference of Justice and Constitutional Affairs Minister Nobert Mao in the independence of the Judiciary. This assertion arises from a letter written by Mao to the Principal Judge Dr. Flavian Zeija on March 19, 2024.
In his correspondence, Mao requested Judge Zeija to urgently review a case involving businessman Francis Ishanga against Bank of Baroda and businessman Kellen Karemera, citing mishandling of the case. Mao stated that he received a complaint from Mbarara City North MP Robert Mwesigwa, acting on behalf of Ishanga, claiming that the case had been mishandled by a judge at Mbarara High Court.
According to Mao, Ishanga had entered into a debt settlement arrangement with the bank, involving the sale of part of his property, LRV 1072 Folio 15, Plot 1, Kitunzi Road in Mbarara city. However, the bank allegedly sold the same property to Karemera.
In a statement released on Tuesday (April 2, 2024) and signed by ULS President Bernard Oundo, the law society voiced its concern over Mao’s letter to Zeija, arguing that it undermines the independence of the Judiciary. The statement urges the Judiciary to disregard such communications aimed at interfering with judicial independence, emphasizing the importance of making decisions based solely on the law and presented evidence.
Furthermore, the law society cautioned the police and government agencies against implementing Mao’s directives in the matter, asserting that they are unlawful. Oundo emphasized the importance of the Judiciary operating independently in interpreting and applying the law, free from external influence.
The ULS advised complainants to utilize established legal processes for review, revision, appeal, and correction of erroneous judicial decisions. Oundo highlighted that recourse to existing judicial remedies ensures due process of law without compromising judicial independence or the doctrine of separation of powers.
Despite these concerns, during the opening of the New Law Year 2024, Attorney General Kiryowa Kiwanuka stated that expressing concerns to the Judiciary from other arms of the Government does not constitute interference with judicial independence.
