KAMPALA, UGANDA – Judicial Service Commission (JSC) a body mandated with the recruitment of judicial officers, has declined to grant city lawyer Hassan Male Mabirizi Kiwanuka documents relating to the recruitment process of new judicial officers but mainly grade one Magistrates.
In his letter dated 5th April 2023, Mabirizi wrote to the Chairperson of the commission Justice Benjamin Kabiito requesting copies of all documents relating to the entire process of recruitment of judicial officers in respect to Advert No. of 2022.
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“On 4th April 2023, you conducted the Competence/Aptitude Test for Positions of Magistrate Grade 1 at Makerere University Kampala in the MOST FRAUDULENT MANNER in that you organized four (4) shifts sitting one after the other, answering the same test in which you organized the shifts in such a way that those favored by your commission attended the last shifts after knowing the questions which were in the test.” reads part of Mabirizi’s letter
He added that he wrote the same letter to notify you of the fraud so that he can nullify /Cancel/ repeat the test in a fair and transparent manner.
In response to the same letter, the Chairperson has informed Mabirizi that the whole process was done in accordance with the law and therefore nothing requires them to repeat the same process.
“Section 28 (b) (i) and (ii), of the Access to Information Act which provides that: “Subject to subsection (2), an Information Officer may refuse a t for access to a record of the body, if the record consists of information that was supplied in confidence by a third p party.” reads the letter addressed to Mabirizi from JSC.
The commission also based its decision on section 33(1) of Access to Information which states that an information officer may refuse a request for access (a) If the record contains-
(i) An opinion, advice, report, or recommendation obtained or prepared; or (ii) An account of consultation, discussion, or deliberation that has occurred, including, but not limited to, minutes of a meeting, for information from the same source.
